Multimodal Transport 1

MTOGA Multimodal Transportation of Goods Act 1993 Multimodal Transport 2

MTOGA  Existence – 26 th Oct, 1992  Provides for regulation of the multimodal transportation of goods Any place in India to a place outside India Basis a multimodal transport contract Multimodal Transportation of Goods Act 3

MTOGA - Definitions Multimodal Transport Contract Means a single contract for the carriage of goods by at least two different modes of transport. Multimodal Transportation of Goods Act 4

MTOGA - Definitions Multimodal Transport Operator [MTO] Means any person who concludes a multimodal transport contract and assumes responsibility for the performance thereof as a carrier. Multimodal Transportation of Goods Act 5

MTOGA - Definitions Carrier Means a the person who actually performs or undertakes to perform the carriage, or part thereof, whether he is identical to the multimodal transport operator or not. Multimodal Transportation of Goods Act 6

MTOGA - Definitions Consignor Means the person who concludes the multimodal transport contract with the multimodal transport operator. Multimodal Transportation of Goods Act 7

MTOGA - Definitions Consignee Means the person entitled to receive the goods from the multimodal transport operator. Multimodal Transportation of Goods Act 8

MTOGA - Definitions Multimodal Transport Document [MTD] Means a document evidencing a multimodal contract which can be replaced by EDI messages insofar as permitted by applicable law & be:  Issued in a negotiable form  Issued in a non-negotiable form indicating a named consignee Multimodal Transportation of Goods Act 9

MTOGA - Definitions Taken in Charge Means that the goods have been handed over to and accepted for carriage by the MTO Multimodal Transportation of Goods Act 10

MTOGA - Definitions Delivery  The handing over of the goods to the consignee  The placing of the goods at the disposal of the consignee in accordance with the multimodal transport contract or with the law or usage of the particular trade applicable at the place of delivery  The handing over of the goods to an authority or other third party to whom, pursuant to the law or regulations applicable at the place of delivery, the goods must be handed over Multimodal Transportation of Goods Act 11

MTOGA - Definitions Special Drawing Right [SDR]  The unit of account as defined by the International Monetary Fund  SDR initially = grams of fine gold = 1 USD  1973 – redefined as a basket of 4 currencies [USD, Euro, Pounds Sterling & Japanese Yen] Multimodal Transportation of Goods Act 12

Special Drawing Right [SDR]  The currency value of the SDR is determined by summing the values in U.S. Dollars, based on market exchange rates, of a basket of major currencies (the U.S. Dollar, Euro, Japanese Yen, and Pound Sterling)  The SDR currency value is calculated daily (except on IMF holidays or whenever the IMF is closed for business)  The valuation basket is reviewed and adjusted every five years Multimodal Transportation of Goods Act 13

MTOGA - Definitions Goods  Any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the MTO, irrespective of whether such property is to be or is carried on or under deck Multimodal Transportation of Goods Act 14

MTOGA – IMPORTANT PARTS Multimodal Transportation of Goods Act 15

MTOGA – IMPORTANT PARTS  No person to carry on or commence the business of multimodal transportation without registration  Any person may apply for registration to the competent authority to carry on or commence the business of multimodal transport Multimodal Transportation of Goods Act 16

MTOGA – IMPORTANT PARTS  The registration can be cancelled if the multimodal transport operator (MTO) is found to have violated the provisions of the act  The MTO must issue a duly signed multimodal transport document on taking charge of the goods handed over to him by the consignor. This document is regarded as document of title Multimodal Transportation of Goods Act 17

MTOGA – IMPORTANT PARTS  The MTO shall be liable for loss resulting from any loss or damage to the consignment and any loss incurred due to delay in delivery of the consignment, where such loss, damage or delay in delivery took place where the consignment was in his charge Multimodal Transportation of Goods Act 18

MTOGA – IMPORTANT PARTS  Where consignor hands over the prescribed dangerous goods to a multimodal transport operator, the consignor shall inform him of the nature of the dangerous goods and the necessary precautions to be taken while transporting such goods. In case of the failure to do so, the consignor shall be liable to the MTO for all the loss resulting from the multimodal transportation of such goods Multimodal Transportation of Goods Act 19

MTOGA – IMPORTANT PARTS  Dangerous Goods Explosives (Ammunition, Fuse, TNT) Gases (Butane, Methane, Refrigerant Gases) Flammable Liquids (Kerosene, Tars, Turpentine, Ethers) Flammable Solids (Camphor, Carbon, Sulphur) Oxidizing Substances (Calcium Peroxide, Lead Nitrate) Toxic & Infectious Substances (Acids, Arsenates, Cyanites) Radioactive Material Corrosives (Dyes, Paints, Batteries) Multimodal Transportation of Goods Act 20

MTOGA – IMPORTANT PARTS  The MTO who has not been paid the amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and on the documents in possession Multimodal Transportation of Goods Act 21

MTOGA – IMPORTANT PARTS  The MTO shall not be liable under the provisions of this act unless action against him is brought within nine months of: Date of delivery of goods Date when goods should have been delivered Multimodal Transportation of Goods Act 22

MTOGA – IMPORTANT PARTS  No person registered as a multimodal transport operator shall enter into any contract for multimodal transportation except in accordance with the provisions of this act  The central government may by notification in the official gazette make rules for carrying out the provisions of this act Multimodal Transportation of Goods Act 23

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