No person to carry on business without registration
3. No person can carry on or commence the business of multimodal transportation unless he is registered under Act.
Provided that a person carrying on the business of multimodal transportation immediately before the commencement of this Act, may continue to do far 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.
Registration for multimodal transportation 4.
1. Any person may apply for registration to the competent authority to carry on or commence the business of multimodal transportation.
2. Any application under sub – section (1) shall be made in such form as may be prescribed and shall be accompanied by a fee of ten thousand rupees.
3. On receipt of the application, the competent authority shall satisfy that the applicant fulfils the following conditions, namely:-
a. (i) That the applicant is a shipping company or a company engaged in the business of freight forwarding in India or abroad with a minimum annual turnover of fifty lakh rupees during the immediate proceeding financial year or on average annual turnover of fifty lakh rupees during the preceeding three financial years as certified by a chartered accountant within the meaning of the chartered Accountants Act, 1949.
(ii) that if the applicant is company other than the company specified in sub – clause (i), the subscribed share capital of such company is not less than fifty lakh rupees;
b.that the applicant has offices or agents or representatives in not less than two other countries, and on being so satisfied, register the applicant as multimodal transport operator and grant a certificate to it to carry on or commence the business of multimodal transportation ;
Provided that the competent authority may, for reasons to be recorded in writing, refuse to grant registration if it is satisfied that the applicant does not fulfil and said conditions.
4. A certificate granted under sub – section (3) shall be valid for a period on one year and may be renewed from time to time for a further period of one year at a time.
5. An application for renewal shall be made in such from as may be prescribed and shall be accomplained by a fee of two thousand rupees.
Cancellation of Registration 5.
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 provision 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 or 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.
Appeal 6.
1. Any person aggrieved by an order made by the competent authority 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 satisfied 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 enquiry as it deems proper, make such order as it thinks fit.