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Start Free TrialMultimodal 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.....
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 9
Title: Contents of Multimodal Transport Document
State: Central
Year: 1993
.....any other particular which the parties may agree to insert in the document, if any such particular is not inconsistent with any law for the time being in force. 4[Provided that the absence of any of the particulars listed above shall not affect the legal character of the multimodal transport document.] ______________________ 1. Substituted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000. Prior to substitution it read as under : 2. Substituted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000. Prior to substitution it read as under : 3. Substituted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000. Prior to substitution it read as under : 4. Inserted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 7
Title: Issue of Multimodal Transport Document
State: Central
Year: 1993
(1) Where the consignor and the multimodal transport operator have entered into a contract for the multimodal transportation and the multimodal transport operator has taken charge of the goods, he shall, at the option of the consignor, issue a negotiable or non-negotiable multimodal transport document. (2) The multimodal transport document shall be signed by the multimodal transport operator or by a person duly authorised by him. 1[Provided that the multimodal transport operator shall issue the multimodal transport document only after obtaining, and during the subsistence of a valid insurance cover.] ______________________ 1. Inserted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 10
Title: Reservation in the Multimodal Transport Document
State: Central
Year: 1993
(1) Where the multimodal transport operator or a person acting on his behalf knows, or has reasonable grounds to suspect, that the particulars furnished by the consignor in the multimodal transport document do not accurately represent the goods actually taken in charge, or if he has no reasonable means of checking such particulars, the multimodal transport operator or a person acting on his behalf shall insert in the multimodal transport document a reservation specifying the inaccuracies, if any, the grounds of suspicion or the absence of reasonable means of checking the particulars. (2) Where the multimodal transport operator or a person acting on his behalf fails to insert the reservation in the multimodal transport document relating to the apparent condition of the goods, he shall be deemed to have accepted the goods in apparent good condition.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 11
Title: Evidentiary Effect of the Multimodal Transport Document
State: Central
Year: 1993
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.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 8
Title: Multimodal Transport Document to Be Regarded as Document of Title
State: Central
Year: 1993
(1) Every consignee named in the negotiable or non-negotiable multimodal transport document and every endorsee of such document, as the case may be, to whom the property in the goods mentioned therein shall pass, upon or by reason of such consignment or endorsement, shall have all the rights and liabilities of the consignor. (2) Nothing contained in sub-section (1) shall prejudice or affect the right of the multimodal transport operator to claim freight from the consignor or enforce any liability of the consignee or endorsee by reason of his being such consignee or endorsee.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Chapter 3
Title: Responsibilities and Liabilities of the Multimodal Transport Operator
State: Central
Year: 1993
.....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. Section 20 - Notice of loss of or damage to goods (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.....
View Complete Act List Judgments citing this sectionMultimodal 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
List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 14
Title: Limits of Liability when the Nature and Value of the Consignment Have Not Been Declared and Stage of Transport Where Loss or Damage Occurred is Not Known
State: Central
Year: 1993
.....in sub-section (1), if the multimodal transportation does not, according to the multimodal transport contract, include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special Drawing Rights per kilogram of the gross weight of the goods lost or damaged. ___________________ 1. Substituted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000. Prior to substitution it read as under : "Explanation.--For the purposes of this sub-section, where a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or units enumerated in the multimodal transport document, as packed in such container, pallet or similar article of transport shall be deemed as packages or units."
View Complete Act List Judgments citing this sectionMultimodal 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.
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