Section 3 in The Multimodal Transportation of Goods Act, 1993
Title: No person to carry on business without registration
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
(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
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.
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).
Title: Issue of multimodal transport document
(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:
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.]
(2) The multimodal transport document shall be signed by the multimodal transport operator or by a person duly authorised by him.
1 . Ins. by s. 5, ibid. (w.e.f. 5-12-2000).