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Home Bare Acts Phrase: transportMultimodal 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 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 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 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 Chapter 2
Title: Regulation of Multimodal Transportation
State: Central
Year: 1993
.....shall be cancelled unless the multimodal transport operator has been given a reasonable opportunity of showing cause against the proposed action. Section 6 - Appeal 1 [(1) Any person aggrieved by, refusal of the competent authority to grant or renew registration under section 4 or by cancellation of registration under section 5, may prefer an appeal to the Central Government within such period as may be prescribed.] (2) No appeal shall be admitted if it is preferred after the expiry of the prescribed period: Provided that an appeal may be admitted after the expiry of the prescribed period if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the prescribed period. (3) Every appeal made under this section shall be made in such form and on payment of such fees as may be prescribed and shall be accompanied by a copy of the order appealed against. (4) On receipt of any such appeal, the Central Government shall, after giving the parties a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order as it thinks fit. ______________________ 1. Substituted.....
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 13
Title: Basis of Liability of Multimodal Transport Operator
State: Central
Year: 1993
.....by a diligent multimodal transport operator, having regard to the circumstances of the case, to effect the delivery of the consignment. (2) If the consignment has not been delivered within ninety consecutive days following the date of delivery expressly agreed upon or the reasonable time referred to in the Explanation to sub-section (1), the claimant may treat the consignment as lost. ____________________ 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 : "Provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator."
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 15
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 Known
State: Central
Year: 1993
Where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss or damage occurred is known, then the limit of the liability of the multimodal transport operator for such loss or damage shall be determined in accordance with the provisions of the relevant law applicable in relation to the mode of transport during the course of which the loss or damage occurred and any stipulation in the multimodal transport contract to the contrary shall be void and unenforceable. 1[Provided that the multimodal transport operator shall not be liable for any loss, damage or delay in delivery due to a cause for which the carrier is exempted from liability in accordance with the applicable law.] ___________________ 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.
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