Section 9 in The Multimodal Transportation of Goods Act, 1993
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)
Title: Reservation in the multimodal transport document
(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.
Title: Evidentiary effect of the multimodal transport document
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.
Title: Responsibility of the consignor
(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.
Title: Basis of liability of multimodal transport operator
(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:
1[Provided 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 consecutive 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.
1. Subs. by Act 44 of 2000, s. 7, for the second proviso (w.e.f. 5-12-2000).