1. Where the consignor hand over the prescribed dangerous goods to a multimodal transport operator or any person acting on behalf of such operator, the consignor shall inform him of the nature of the dangerous goods and , if necessary, the precautions to be taken while transporting such goods.
2. Where the consignor fails to inform the multimodal transport operator or the other person acting on behalf of such operator of the nature of the dangerous goods and such operator or person does not otherwise have knowledge of the dangerous goods –
a. the consignor shall be liable to the multimodal transport operator or the other person acting on behalf of such operator for all loss resulting from the multimodal transportation of such goods; and
b. the goods at any time be unloaded, destroyed and rendered innocuous, as the circumstances may require, without payment of compensation.
Right of multimodal transport operator to have lien on goods and documents 22.
1. The multimodal transport operator 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 his possession.
2. Notwithstanding anything contained in section 13,16 & 18 the period during which the goods are in possession of the multimodal transport operator in exercise of his right of lien referred to in sub – section (1) shall not be included for the purpose of calculating the time of delay under any of those sections.
General average 23.
Notwithdstanding anything contained in any other provision of this Act, it shall be lawful for th parties to the multimodal transport contract to include in the multimodal transport document any provision relating to general average.
Explanation – For the purpose of this section ‘general average’ means loss, damage or expense reasonably incurred in order to average danger to property in common peril and in the common interest involved in the multimodal transportation.
Limitation on action 24.
The multimodal transport operator shall not be liable under nay of the provisions of this Act unless action against him is brought within nine months of –
a. the date of delivery of the goods, or
b. the date when the goods should have been delivered, or
c. the date on and from which the party entitled to receive delivery of the goods has the right to treat the goods lost under sub – section (2) of section 13.
Jurisdiction for Instituting action 25
Any party to the multimodal transport contract may institute an action in a court which is competent and within the jurisdiction of which is situated one of the following places, namely : –
a. the principal place of business, or in the absence thereof, the habitual residence, of the defendant ; or
b. the place where the multimodal transport contract was made, provided that the defendant has a place of business, branch or agency at such palace, or
c. the place of taking charge of the goods for multimodal transportation or the place of delivery thereof; or
d. any other place specified in the multimodal transport contract and evidenced in the multimodal transport document.
Arbitration 26
1. The parties to a multimodal transport contract may provide therein that any dispute which may arise in relation to multimodal transportation under the provisions of this Act shall be referred to arbitration.
2. The arbitration proceeding may be instituted at such place or in accordance with such procedure as may be specified in the multimodal transport document.
Delegant of Power 27.
The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, except the power under section 30, shall, in such circumstances and subject to such conditions, if any, as may be specified therein, be exercisable also by such officer or authority as may be specified in the notification.
Multimodal transport contract to be made in accordance with this Act 28.
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 and any contract, to the extent it is inconsistent with the said provisions, shall be void and unenforceable.
Act to over ride other enactment 29.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this act.
Power to make rules 30.
1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. In particular, and without prejudice to the generally of the forgoing provisions, such rules may provide for all or any of the following matters, namely :-
a. the forms in which applications shall be made under sub – section (2) of section 4;
b. the period within which appeal shall be preferred under sub – section (1) of section 6;
c. the form in which an appeal shall be preferred under section 6 and the amount of fee payable in respect of such appeal;
d. dangerous goods for the purpose of section 21;
e. any other matter which is to be, or may be prescribed.
3. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty day which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modification or enrulement shall be without prejudice to the validity of anything previously done under that rule.