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THE
MULTIMODAL TRANSPORTATION OF GOODS ACT, 1993
REGISTERED
No. DL-33004/93
AMENDED
ACT
The
Gazette of India
EXTRAORDINARY
PART
II - Section 1
PUBLISHED
BY AUTHORITY
NEW
DELHI, FRIDAY, APRIL 2, 1993/CHAITRA 12, 1915
Separate
paging is given to this Part in order that it may be filled
as a separate compliation
MINISTRY
OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)
New Delhi, the 2nd April, 1993/Chaitra 12, 1915 (Saka)
The
following Act of Parliament received the assent of the President
on the 2nd April 1993, and is hereby published for general
information :-
THE
MULTIMODAL TRANSPORTATION OF GOODS ACT, 1993
No. 28 OF 1993
[2nd
April, 1993]
An
Act to provide for the regulation of the multimodal transportation
of goods, from any place 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 :-
CHAPTER
I
PRELIMINARY
Short
title, extend and commencement.
1.(1)
This Act may be called the Multimodal Transportation of, Goods
Act, 1993.
(2)It
extends to the whole of India except the State of Jammu and
ment, Kashmir.
(3)
It shall be deemed to have come into force on the 16th day
of October, 1992.
Definitions.
2.
In this Act, unless the context otherwise requires,--,
1(a)
"carrier" means a person who performs or undertakes to perform
for a hire, the carriage or part thereof, of goods by road,
rail, inland waterways, sea or air;
(b)
"competent authority" means any person or authority authorised
by the Central Government, by notification in the Official
Gazette, to perform the functions of the competent authority
under this Act;
(c)
"consignee" means the person named as consignee in the multimodal
transport contract;
(d)
"consignment" means the goods entrusted to a multimodal transport
operator for multimodal transportation;
(e)
"consignor" means the person, named in the multimodal transport
contract as consignor, by whom or on whose behalf the goods
covered by such contract are entrusted to a multimodal transport
operator for multimodal transportation;
(f)
"delivery" means,--
(i)
in the case of a negotiable multimodal transport document,
delivering of the consignment to, or placing the consignment
at the disposal of, the consignee or any other person entitled
to receive it;
(ii)
in the case of a non-negotiable multimodal transport document,
delivering of the consignment to, or placing the consignment
at the disposal of, the consignee or any person authorised
by the consignee to accept delivery of the consignment on
his behalf;
(g)
"endorse" means the person in whose favour an endorsement
is made, and in the case of successive endorsements, the person
in whose favour the last endorsement is made;
(h)
"endorsement" means the signing by the consignee or the endorsee
after adding a direction on a negotiable mutlimodal transport
document to pass the property in the goods mentioned in such
document to a specified person;
2(i)
"goods" means any property including live animals, containers,
pallets or such other articles of transport or packaging supplied
by the consignor, irrespective of whether such property is
to be or is carried on or under the deck;
3(j)
"mode of transport" means carriage of goods by road, air,
rail, inland waterways, or sea;
4(k)
"multimodal transportation" means carriage of goods, by atleast
two different modes of transport under a multimodal transport
contract, from the place of acceptance of goods in India to
a place of delivery of the goods outside India;
5
(l) "multimodal transport contract" means a contract under
which a multimodal transport operator undertakes to perform
or procure the performance of mutlimodal transportation against
payment of freight;
6(la)
"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;
7(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
8(r)
"special drawing rights" means such units of accounts as are
determined by the International Monetary Fund;
9(s)
"taking charge" means that the goods have been handed over
to and accepted for carriage by the multimodal transport operator;
CHAPTER
II
REGULATION OF MULTIMODAL TRANSPORTATION
No person to carry on business without
registration.
3. No
person shall carry on or commence the business of Multimodal
transportation unless he is registered under this Act; Provided
that a person carrying on the business of multimodal transportation
immediately before the commencement of this Act, may continue
to do so for a period of three months from such commencement;
and if he has made an application for registration within
the said period, till the disposal of such application.
Registration
for multimodal transportation.
4. (1)
Any person may apply for registration to the competent authority
to carry on or commence the business of multimodal transportation.
(2) An
application under sub-section (1) shall be made in such form
as may be prescribed and shall be accompanied by a fee of
ten thousand rupees.
(3) On
receipt of the application, the competent authority shall
satisfy that the applicant fulfils the following conditions,
namely:-
38
of 1949.
10(a)
(i) that the applicant is a company, firm or proprietary concern,
engaged in the business of Shipping, or freight forwarding
in India or abroad with a minimum annual turnover of fifty
lakh rupees during the immediately preceding financial year
or an average annual turnover of fifty lakh rupees during
the preceding three financial years as certified by a Chartered
Accountant within the meaning of the Chartered Accountants
Act, 1949;
11(a)
(ii) that if the applicant is a company, firm or proprietary
concern other than a company, firm or proprietary concern
specified in sub-clause (i), the subscribed share capital
of such company or the aggregate balance in the capital account
of the partners of the firm, or the capital of the proprietor
is not less than fifty lakh rupees;
(b) that
the applicant has offices or agents or repres- entatives in
not less than two other countries,
and on
being so satisfied, register the applicant as a multimodal
transport operator and grant a certificate to it to carry
on or commence the business of multimodal transportation;
Provided
that the competent authority may, for reasons to be recorded
in writing, refuse to grant registration if it is satisfied
that the applicant does not fulfil the said conditions.
12Provided
further that any applicant who is not a resident of India
and who is not engaged in the business of shipping shall not
be granted registration unless he has established a place
of business in India;
13Provided
also that in respect of any applicant who is not a resident
of India, the turnover may be certified by any authority competent
to certify the accounts of a company in that country;
14(4)
A certificate granted under sub-section (3) shall be valid
for a period of three years and may be renewed from time to
time for a further period of three years at a time.
15(5)
An application for renewal shall be made in such form as may
be prescribed and shall be accompanied by such amount of fees
as may be notified by the Central Government.
16Provided
that such fees shall not be less than rupees ten Thousand
and shall not exceed rupees twenty thousand.
17(6)
The competent authority shall renew the registration certificate
granted under sub-section (3) if the applicant continues to
fulfil the conditions as laid down at the time of registration.
Cancellation
of registration
5. The
competent authority may, if it is satisfied at any time after
registration that-
(a) any
statement in, or in relation to, any application under sub-section
(2) of section 4 or its renewal under sub-section (5) of that
section, is incorrect or false in any material particular;
or
(b) any
of the provisions of this Act or the rules made there under
has been contravened by the multimodal transport operator;
or
(c) the
multimodal transport operator has not entered into any multimodal
transport contract during the preceding two years after his
registration,
cancel
by order the certificate of registration:
Provided
that no such registration shall be cancelled unless the multimodal
transport operator has been given a reasonable opportunity
of showing cause against the proposed action.
Appeal.
186.
(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 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.
CHAPTER
III
MULTIMODAL TRANSPORT DOCUMENT
Issue
of multimodal transport document.
7. (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, a negotiable
or non-negotiable multimodal transport document.
19Provided
that the multimodal transport operator shall issue the multimodal
transport document only after obtaining, and during the subsistence
of a valid insurance cover.
(2) The
multimodal transport document shall be signed by the multimodal
transport operator or by a person duly authorised by him.
Multimodal
transport document to be regarded as document of title.
8. (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.
Contents
of multimodal transport document.
9. The
multimodal transport document shall contain the following
particulars, namely:-
20(a)
the general nature of the goods, the leading marks neces sary
for identification of the goods, the character of the goods
(including dangerous goods), number of packages or units and
the gross weight and quantity of the goods as declared by
the consignor;
(b) apparent
condition of the goods;
(c) the
name and principal place of business of the multimodal transport
operator;
(d) the
name of the consignor;
(e) the
name of the consignee, if specified by the consignor;
(f) the
place and date of taking charge of the goods by the multimodal
transport operator;
(g) the
place of delivery of the goods;
21(h)
the date or the period of delivery of the goods by the multimodal
transport operator as expressly agreed upon between the consignor
and the multimodal transport operator;
(i) whether
it is negotiable or non-negotiable;
(j) the
place and date of its issue;
22(k)
freight payable by the consignor or the consignee, as the
case may be, to be mentioned only if expressly agreed by both
the consignor and the consignee;
(l) the
signature of the multimodal transport operator or of a person
duly authorised by him;
(m) the
intended journey route, modes of transport and places of transhipment,
if known at the time of its issue;
(n) terms
of shipment and a statement that the document has been issued
subject to and in accordance with this Act; and
(o) 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.
23"Provided
that the absence of any of the particulars listed above shall
not affect the legal character of the multimodal transport
document".
Reservation
in the multimodal transport document.
10. (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.
Evidentiary
effect of the multimodal transport document.
11. 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.
Responsibility
of the consignor.
12. (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 of the multimodal transport operator under sub-section
(2) shall in no way limit his liability under the multimodal
transport contract to any person other than the consignor.
CHAPTER
IV
RESPONSIBILITIES
AND LIABILITIES OF THE MULTIMODAL TRANSPORT OPERATOR
Basis
of liability of multimodal transport operator.
13. (1)
The multimodal transport operator shall be liable for loss
resulting from-
(a) any
loss of, or damage to the consignment;
(b) delay
in delivery of the consignment and any consequential loss
or damage arising from such delay,
where
such loss, damage or delay in delivery took place while the
consignment was in his charge;
Provided
that the multimodal transport operator shall not be liable
if he proves that no fault or neglect on his part or that
of his servants or agents had caused or contributed to such
loss, damage or delay in delivery:
24Provided
further that the multimodal transport operator shall not be
liable for loss or damage arising out of delay in delivery
including any consequential loss or damage arising from such
delay unless the consignor had made a declaration of interest
in timely delivery which has been accepted by the multimodal
transport operator.
Explanation.-For
the purposes of this sub-section, "delay in delivery" shall
be deemed to occur when the consignment has not been delivered
within the time expressly agreed upon or, in the absence of
such agreement, within a reasonable time required 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 consequtive
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.
Limits
of liability when the nature & value of the consignment
have not been declared & stage of transport where loss
or damage occurred is not known.
14. (1)
Where a multimodal transport operator becomes liable for any
loss of, or damage to, any consignment, the nature and value
where of 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 of
damage occurred is not known, then the liability of the multimodal
transport operator to pay compensation shall not exceed two
Special Drawing Rights per kilogram of the gross weight of
the consignment lost or damaged or 666.67 Special Drawing
Rights per package or unit lost or Damaged, whichever is higher.
25"Explanation.-For
the purpose of this sub-section, where a container, pallet
or similar article is stuffed with more than one package or
units, 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".
(2) Notwithstanding
anything contained 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.
Limits
of liability when the nature & value of the consignment
have not been declared and stage of transport where loss or
damage occurred is known.
15. 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 of 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 underforceable.
26"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".
Libility
of the multimodal transport operator in case of delay in delivery
of goods under certain circumstances.
16. Where
delay in delivery of the consignment occurs under any of the
circumstances mentioned in the Explanation to sub-section
(1) of section 13, or any consequential loss or damage arises
from such delay, then the liability of the multimodal transport
operator shall be limited to the freight payable for the consignment
so delayed.
Assessment
of compensation.
17. (1)
Assessment of compensation for loss of or damage to, the consignment
shall be made with reference to the value of such consignment
at the place where, and the time at which, such consignment
is delivered to the consignee or at the place and time when,
in accordance with the multimodal transport contract, it should
have been delivered.
(2) The
value of the consignment shall be determined according to
the current commodity exchange price, or, if there is no such
price, according to the current market price, or, if the current
market price is not ascertainable, with reference to the normal
value of a consignment of the same kind and quantity.
Loss
of right of multimodal transport operator to limit liability.
18. The
multimodal transport operator shall not be entitled to the
benefit of limitation of liability under any of the provisions
of this Chapter if it is proved that the loss, damage or delay
in delivery of consignment resulted from an act or omission
of the multimodal transport operator with intent to cause
such loss, damage or delay or recklessly and with knowledge
that such loss, damage or delay would probably result.
Limit
of liability of multimodal transport operator for total loss
of goods.
19. 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.
Notice
loss of or damage of goods.
20. (1)
The delivery of the consignment Notice to the consignee by
the multimodal transport loss of operator shall be treated
as prime facie or dam- evidence of delivery of the goods as
described age to in the multimodal transport document unless
goods. 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.
27"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".
CHAPTER
V
MISCELLANEOUS
Special
provision for dangerous goods.
21. (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 circum- stances may require, without payment of compensation.
Right
of multimodal transport operator to have lien on goods and
documents .
22. (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 lien on 13, 16 and 18, the
period during which the goods are goods in possession of the
multimodal transport operator and in exercise of his right
of lien referred to in sub- documents. section (1) shall not
be included for the purposes of calculating the time of delay
under any of those sections.
General
average .
23. Notwithstanding
anything contained in any other provision of this Act, it
shall be lawful for the parties to the multimodal transport
contract to include in the multimodal transport document any
provision relating to general average. xplanation.-For the
purposes of this section, "general average" means loss, damage
or expense reasonably incurred in order to avert danger to
property in common peril and in the common interest involved
in the multimodal transportation.
Limitation
on action.
24. The
multimodal transport operator shall not be liable under any
of the provisions of this Act unless action against him is
brought within nine months of-
(a) the
date of delivery of the goods, or
(b) the
date when the goods should have been delivered, or
(c) the
date on and from which the party entitled to receive delivery
of the goods has the right to treat the goods as lost under
sub- section (2) of section 13.
Jurisdiction
for instituting action.
25. Any
party to the multimodal transport contract may institute an
action in a court which is competent and within the jurisdiction
of which is situated one of the following places, namely:--
(a) the
principal place of business, or, in the absence thereof, the
habitual residence, of the defendant; or
(b) the
place where the multimodal transport contract was made, provided
that the defendant has a place of business, branch or agency
at such place; or
(c) the
place of taking charge of the goods for multimodal transportation
or the place of delivery thereof; or
(d) any
other place specified in the multimodal transport contract
and evidenced in the multimodal transport document.
Arbitration.
26. (1)
The parties to a multimodal transport Contract may provide
therein that any dispute which may arise in relation to multimodal
transportation under the provisions of this Act shall be referred
to arbitration.
(2) The
arbitration proceeding may be instituted at such place or
in accordance with such procedure as may be specified in the
multimodal transport document.
Delegation
of power.
27. The
Central Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act, except
the power under section 30, shall, in such circumstances and
subject to such conditions, if any, as may be specified therein,
be exercisable also by such officer or authority as may be
specified in the notification.
Multimodal
Transport Contract to be made in accordance with this Act.
28. No
person registered as a multimodal transport operator shall
enter into any contract for multimodal transportation except
in accordance with the provisions of this Act and any contract,
to the extent it is inconsistent with the said provision's,
shall be void and unenforceable.
Act
to override other enactments.
29. The
provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the
time being in force or in any instrument having effect by
virtue of any law other than this Act.
Power
to made rules.
30. (1)
The Central Government may, by notification in the Official
Gazette make rules for carrying out the provisions of this
Act.
(2) In
particular, and without prejudice to the generality of the
foregoing provisions, such rules may provide for all or any
of the following matters, namely:--
(a) the
forms in which applications shall be made under section 4;
(b) the
period within which appeal shall be preferred under sub-section
(1) of section 6;
(c) the
form in which an appeal shall be preferred under section 6
and the amount of fee payable in respect of such appeal;
(d) dangerous
goods for the purpose of section 21;
(e) any
other matter which is to be, or may be prescribed.
(3) Every
rule made under this Act shall be laid, as soon as may be
after it is made, before each, House of Parliament, while
it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the Rule or
both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
Amendment
of certain enactments.
31. On
and from the date of the commencement of this Act, the enactments
specified in Parts I, II and III of the Schedule shall be
amended in the manner Specified therein.
Ord.6
of 1993 - Repeal and savings.
32. (1)
The Multimodal Transportation of Goods Ordinance, 1993 is
hereby repealed.
(2) Notwithstanding
such repeal, anything done or any action taken under the said
Ordinance, shall be deemed to have been done or taken under
the corresponding provisions of this Act.
THE
SCHEDULE
(See section 31)
AMENDMENT
OF CERTAIN ENACTMENTS
PART
I
Amendment
of the Carriers Act, 1865 (3 of 1865)
In the
Carriers Act, 1865,--
(a) in
section 2, in the definition relating to "common carrier",
after the words "engaged in the business of", the words "transporting
property under multimodal transport document or of" shall
be inserted;
(b) in
sections 6, 7 and 8, for the words "property delivered", the
words and brackets "property (including container, pallet
or similar article of transport used to consolidate goods)
delivered" shall, respectively be substituted;
(c) in
sections 9 and 10, for the words "goods entrusted", the words
and brackets "goods (including containers, pallets or similar
article of transport used to consolidate goods) entrusted"
shall, respectively, be substituted.
PART
II
Amendment
of the Indian Carriage of Goods by Sea Act, 1925
(26
of 1925)
In the
Indian Carriage of Goods by Sea Act, 1925,--
(a) in
the Preamble, after the second paragraph, the following paragraph
shall be inserted, namely:--
"AND WHEREAS
the said rules were amended by the Protocol signed at Brussels
on 23rd February, 1968 and by the Protocol signed at Brussels
on 21st December, 1979".
(b) in
section 7, in sub-section (1), for the words and figures "sections
331 and 352", the words, figures and letters "section 331
and Part XA" shall be substituted;
(c) in
the Schedule.-
28(c)
"Goods" includes any property including live animals as well
as containers, pallets or similar articles of transport or
packaging supplied by the consignor, irrespective of whether
such property is to be or is carried on or under deck;
(ii) in
Article III,--
(1) in
paragraph 4, the following shall be added at the end, namely:--
"However,
proof to the contrary shall not be admissible when the bill
of lading has been transferred to a third party acting in
good faith".;
(2) in
paragraph 6, in the third sub- paragraph, the following shall
be added at the end, namely:--
"This
period may, however, be extended if the parties so agree after
the cause of action has arisen;
Provided
that a suit may be brought after the expiry of the period
of one year referred to in this sub-paragraph within a further
period of not more than three months as allowed by the court".;
(iii)
in Article IV, in paragraph 5,--
(1) for
the words and figures "amount exceeding 100 1. Per package
or unit", the words and figures "amount exceeding 666.67 Special
Drawing Rights per package or unit or two Special Drawing
Rights per kilogram of gross weight of the goods lost or damaged,
whichever is higher" shall be substituted;
(2) After
the first sub-paragraph, the following sub-paragraphs shall
be inserted, namely:--
"Where
a container, pallet or similar article of transport is used
to consolidate goods, the number of packages or units enumerated
in the bill of lading and as packed in such article of transport
shall be deemed to be the number of packages or unites for
the purposes of this paragraph as far as these packages or
unites are concerned.
Neither
the carrier nor the ship shall be entitled to the benefit
of limitation of liability provided for in this paragraph
if it is proved that the damage resulted from an act or omission
of the carrier done with intent to cause damage, or recklessly
and with knowledge that damage would probably result.
Where
the nature or value of the goods has been knowingly mis-stated
by the shipper in the bill of lading the liability of the
carrier or ship shall not exceed the value so stated".
PART
III
Amendment
of the Sale of Goods Act, 1930
(3
of 1930)
In the
Sale of Goods Act, 1930, in section 2, in clause (4), after
the words "railway receipt", the words "multimodal transport
document", shall be inserted.
================================================================
These number means
amendments carried out in 2000
1Substituted
vide Amendment No.2(i) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
2Substituted
vide Amendment No.2(ii)of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
3Substituted
vide Amendment No.2(iii) of the Multi-modal of Goods (Amendement)
Act, 2000 (44 of 2000).
4Substituted
vide Amendment No.2(iv) of the Multi-modal of Goods (Amendement)
Act, 2000 (44 of 2000).
5Substituted
vide Amendment No.2(iv) of the Multi-modal of Goods (Amendement)
Act, 2000 (44 of 2000).
6Substituted
vide Amendment No.2(iv) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
7Substituted
vide Amendment No.2(v) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
8Inserted
vide Amendment No.2(vi) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
9Inserted
vide Amendment No.2(vi) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
10Substituted
vide Amendment No.3(i) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
11Substituted
vide Amendment No.3(ii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
12Inserted
vide Amendment No.3(ii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
13Inserted
vide Amendment No.3(ii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
14Substituted
vide Amendment No.3(iii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
15Substituted
vide Amendment No.3(iii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
16Substituted
vide Amendment No.3(iii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
17Inserted
vide Amendment No.3(iii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
18Substituted
vide Amendment No.4 of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
19Inserted
vide Amendment No.5 of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
20Substituted
vide Amendment No.6(i) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
21Substituted
vide Amendment No.6(ii) of the Multi-modal of Goods (Amendement)
Act, 2000 (44 of 2000).
22Substituted
vide Amendment No.6(iii) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
23Inserted
vide Amendment No.6(iv) of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
24Substituted
vide Amendment No.7 of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
25Substituted
vide Amendment No.8 of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
26Inserted
vide Amendment No.9 of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
27New
Section inserted vide Amendment No.10 of the Multi-modal
of Goods(Amendement) Act, 2000 (44 of 2000).
28Substituted
vide Amendment No.11 of the Multi-modal of Goods(Amendement)
Act, 2000 (44 of 2000).
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