Taxmann's Multimodal Transportation of Goods Act 1993 with Rules

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Multimodal Transportation of Goods Act, 1993

[28 OF 1993]

An Act to provide for the regulation of the multimodal transportation of goods, from any place in India to a place outside India, on the basis of a multimodal transport contract and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

Short title, extent and commencement.

1. (1) This Act may be called the Multimodal Transportation of Goods Act, 1993.

(2)It extends to the whole of India except the State of Jammu and Kashmir1.

(3)It shall be deemed to have come into force on the 16th day of October, 1992. Definitions.

2. In this Act, unless the context otherwise requires,—

2[(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;

1. This Act is made applicable to the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh by the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, w.e.f. 30-10-2019.

2. Substituted by the Multimodal Transportation of Goods (Amendment) Act, 2000, w.e.f. 5-12-2000. Prior to substitution, clause (a) read as under:

‘(a) “carrier” means a person who is engaged in the business of transporting for hire goods by road, rail, inland waterways or sea;’

(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;

3[(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 4[road, air, rail] inland waterways or sea;

5[(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;

3. Substituted by the Multimodal Transportation of Goods (Amendment) Act, 2000, w.e.f. 5-12-2000. Prior to substitution, clause (i) read as under :

“(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;”

4. Substituted for “road, rail”, ibid.

5. Substituted for clauses (k) and (l), ibid. Prior to their substitution, said clauses read as under:

‘(k) “multimodal transportation” means carriage of goods by two or more modes of transport 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 entered into by the consignor and the multimodal transport operator for multimodal transportation;’

(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 6[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;

7[(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.]

COMMENTS

SECTION NOTES

2.1 Delivery [Clause (f)]:

If the consignment is covered by a negotiable multi-modal transport document, delivery means delivering the consignment to or placing the consignment at the disposal of, the consignee or any other person entitled to receive it (endorsee of the negotiable MMT document)

If the consignment is covered by a non-negotiable MMT document, delivery means such delivery as above to the consignee on consignor’s authorised person.

6. Substituted for “not as an agent either of the consignor or of the carrier” by the Multimodal Transportation of Goods (Amendment) Act, 2000, w.e.f. 5-12-2000.

7. Inserted, ibid.

2.2 Endorsee and Endorsement [Clauses (g) and (h)]:

Endorsee: The individual in whose favour an endorsement is made. (In case of successive endorsements, endorsee is the person in whose favour the last endorsement is made).

Endorsement: Signature by the consingnee or endorsee or a negotiable MMT document after adding a direction to transfer the ownership in the goods to a specified person.

2.3 Multimodal Transportation [Clause (k)]:

Involves the carriage of goods using at least two different modes of transport under a single contract from a place in India to a destination outside India.

No person shall carry on or commence the business of multimodal transportation without getting registered under this Act (See Section 3)

2.4 Multimodal Transport Contract [Clause (l)]:

A contract where the transport operator agrees to carry goods using multiple modes in exchange for freight payment.

2.5 Multimodal Transport Document [Clause (la)]:

A document (negotiable or non-negotiable) evidencing the transport contract, which can also be replaced by electronic data interchange (EDI).

2.6 Multimodal Transport Operator (MTO) [Clause (m)]:

A person who:

Enters into a multimodal transport contract. Acts as a principal, not as an agent of any party involved. Is responsible for the performance of the contract. Is registered as per the requirements under section 4(3).

2.7 Negotiable and Non-Negotiable Documents [Clauses (n) and (o)]:

Negotiable Document: Transferable by endorsement or made out to order/bearer or made out to bearer.

Non-Negotiable Document: Indicates a specific named consignee without transferability.

CHAPTER II

REGULATION OF MULTIMODAL TRANSPORTATION

No person to carry on business without registration.

3. 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.

Multimodal Transportation of Goods Act 1993 with Rules – Bare Act with Section Notes

PUBLISHER : TAXMANN

DATE OF PUBLICATION : FEBRUARY 2025

EDITION : 2025 EDITION

ISBN NO : 9789364558105

NO. OF PAGES : 40

BINDING TYPE : PAPERBACK

DESCRIPTION

Multimodal Transportation of Goods Act 1993 with Rules [Bare Act with Section Notes] by Taxmann offers an up-to-date, comprehensive resource on India’s legal framework for multimodal transportation. It includes the Act’s complete text and essential rules—the Registration of Multimodal Transport Operators Rules, 1992 and the Multimodal Transport Document Rules, 1994—enhanced by detailed section-wise notes to simplify complex statutory provisions. This book is intended for the following audience:

• Legal Practitioners and Law Students

• Corporate and Compliance Professionals

• Shipping & Logistics Professionals

• Academicians & Researchers

The Present Publication is the 2025 Edition, covering the amended and updated text of the Multimodal Transportation of Goods Act [Act No. 28 of 1993] and Rules, with the following noteworthy features:

• [Complete Text of the Act] Features the full Multimodal Transportation of Goods Act, 1993, with amendments incorporated up to 2025

• [Pre-amendment Provisions] Displays earlier versions of provisions in footnotes to illustrate the legal evolution

• [Incorporated Rules] Consolidates the Registration of Multimodal Transport Operators Rules, 1992 and the Multimodal Transport Document Rules, 1994

• [Section Notes & Commentary] Offers comprehensive notes on each section’s background, scope, and judicial interpretations

• [User-friendly Format] Presents a minimal commentary ‘Bare Act’ with a subject index for quick topic navigation

• [Practical Insights] Explains key concepts such as registration, liability limitations, arbitration clauses, insurance provisions, and documents of title

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