Section 2 in The Multimodal Transportation of Goods Act, 1993

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.

Title: Registration for multimodal transportation

Description: (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:-- 1[(a) (i) that the applicant is a company, firm or proprietary concern, engaged either 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 (38 of 1949 ); (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 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 representatives 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: 2[Provided 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: Provided 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.] 3[(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. (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: Provided that such fees shall not be less than rupees ten thousand and shall not exceed rupees twenty thousand. (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.] 1 Subs. by Act 44 of 2000, s. 3, for clause (a) (w.e.f. 5-12-2000). 2 Ins. by s. 3, ibid. (w.e.f. 5-12-2000). 3 Subs. by s. 3, ibid., for sub-sections (4) and (5) (w.e.f. 5-12-2000).

Title: Cancellation of registration

Description: 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 thereunder 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.

Title: Appeal

Description: 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 Subs. by Act 44 of 2000, s. 4, for sub-section (1) (w.e.f 5-12-2000).

CHAPTER 1 PRELIMINARY