Section 23 in The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

Title: Power of State Government to make rules

Description: (1) The State Government may, by notification, make rules, not being a matter for which the rules are or required to be made by the Central Government, for carrying out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the composition of the State Co-ordination Committees and other committees constituted by the State Government under sub-section (4) of section 13, the powers and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith; (ii) the fees and allowances to be paid to the members of the committees constituted under subsection (4) of section 13; (iii) any other matter which is required to be, or may be, prescribed. (3) Every rule and every scheme made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

Title: Power to remove difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made in relation to a State after the expiration of three years from the commencement of this Act in that State. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Title: Short title, extent and commencement

Description: (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 Kashmir*. (3) It shall be deemed to have come into force on the 16th day of October, 1992. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- 1[(a) "carrier" means a person who performs or undertakes to perform for 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) "endorsee" 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 multimodal 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; (j) "mode of transport" means carriage of goods by 3[road, air, rail] inland waterways or sea; 4[(k) "multimodal transportation" means carriage of goods, by at least two different modes of transport under a multimodal transport contract, from the place of acceptance of the goods in India to a place of delivery of the goods outside India; (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; (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; (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 5[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 (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 multimodal transport operator under sub-section (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 Subs. by Act 44 of 2000, s. 2, for clause (a) (w.e.f 5-12-2000). 2 Subs. by s. 2, ibid., for clause (i) (w.e.f 5-12-2000). 3 Subs. by s. 2, ibid., for "road, rail" (w.e.f. 5-12-2000). 4 Subs. by Act of 44 of 2000, s. 2, for clauses (k) and (l) (w.e.f. 5-12-2000). 5 Subs. by s. 2, ibid., for "not as an agent either of the consignor or of the carrier" (w.e.f. 5-12-2000). 6 Ins. by s. 2, ibid. (w.e.f. 5-12-2000).

Title: No person to carry on business without registration

Description: 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.