Multimodal Transportation of Goods Act, 1993

THE SCHEDULE: Amendment of Certain Enactments

(See section 31)

PART I: Amendment of the Carriers Act, 1865

In the Carriers Act, 1865,-

(a) in section 2, in the definition relating to "common carrier", after the words "engaged in the business of", the words "transporting property under multimodal transport document or of" shall be inserted;

(b) in sections 6, 7 and 8, for the words "property delivered", the words and brackets "property (including container, pallet or similar article of transport used to consolidate goods) delivered" shall, respectively, be substituted;

(c) in sections 9 and 10, for the words " goods entrusted", the words and brackets "goods (including containers, pallets or similar article of transport used to consolidate goods) entrusted" shall, respectively, be substituted.

PART II: Amendment of the Indian Carriage of Goods by Sea Act, 1925

In the Indian Carriage of Goods by Sea Act, 1925,-

(a) in the Preamble, after the second paragraph, the following paragraph shall be inserted, namely:-

"AND WHEREAS the said rules were amended by the Protocol signed at Brussels on 23rd February,1968 and by the Protocol signed at Brussels on 21st December,1979;";

(b) in section 7, in sub-section (1) , for the words and figures "sections 331 and 352", the words, figures and letters "section 331 and Part XA" shall be substituted;

(c) in the Schedule,-

(i) in Article I, in clause (c), after the word "merchandises,", the words "containers, pallets or similar article of transport used to consolidate goods if supplied by the shipper," shall be inserted;

(ii) in Article III,-

(1) in paragraph 4, the following shall be added at the end, namely:-

"However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith,";

(2) in paragraph 6, in the third sub-paragraph, the following shall be added at the end, namely:-

"This period may, however, be extended if the parties so agree after the cause of action has arisen;

Provided that a suit may be brought after the expiry of the period of one year referred to in this sub-paragraph within a further period of not more than three months as allowed by the court.";

(iii) in Article IV, in paragraph 5,-

(1) for the words and figures "amount exceeding 100 1. per package or unit" , the words and figures "amount exceeding 666.67 Special Drawing Rights per package or unit or two Special Drawing Rights per kilogram of gross weight of the goods lost or damaged, whichever is higher" shall be substituted:

(2) after the first sub-paragraph, the following sub-paragraphs shall be inserted, namely:-

"Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading and as packed in such article of transport shall be deemed to be the number of packages or units for the purposes of this paragraph as far as these packages or units are concerned.

Neither the carrier nor the ship shall be entitled to the benefit of limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probable result.

Where the nature or value of the goods has been knowingly mis-stated by the shipper in the bill of lading, the liability of the carrier or ship shall not exceed the value so stated.".

PART III: Amendment of the Sale of Goods Act, 1930

In the Sale of Goods Act,1930, in section 2 , in clause (4) , after the words "railway receipt,", the words "multimodal transport document," shall be inserted.

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