Section 5 in The Multimodal Transportation of Goods Act, 1993
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).
Title: Multimodal transport document to be regarded as document of title
(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.
Title: Contents of multimodal transport document
The multimodal transport document shall contain the following particulars, namely:--
1[(a) the general nature of the goods, the leading marks necessary for identification of the goods, the character of the goods (including dangerous goods), the 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;
2[(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;
3[(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:
4[Provided that the absence of any of the particulars listed above shall not affect the legal character of the multimodal transport document.]
1 Subs. by s. 6, ibid., for clause (a) (w.e.f. 5-12-2000).
2 Subs. by Act 44 of 2000, s. 6, for clause (h) (w.e.f. 5-12-2000).
3 Subs. by s. 6, ibid., for clause (k) (w.e.f. 5-12-2000).
4 Ins. by s. 6, ibid. (w.e.f 5-12-2000)