4Registration for multimodal transportation
(1) Any person may apply for registration to the competent authority to carry on or commence the business of multimodal transportation.
(2) An 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:--
1[(a) (i) that the applicant is a company, firm or proprietary concern, engaged either in the business of shipping, or freight forwarding in India or abroad with a minimum annual turnover of fifty lakh rupees during the immediately preceding financial year or an average annual turnover of fifty lakh rupees during the preceding three financial years as certified by a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949 );
(ii) that if the applicant is a company, firm or proprietary concern other than a company, firm or proprietary concern, specified in sub-clause (i), the subscribed share capital of such company or the aggregate balance in the capital account of partners of the firm, or the capital of the proprietor 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 a 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 the said conditions:
2[Provided further that any applicant who is not a resident of India and who is not engaged in the business of shipping shall not be granted registration unless he has established a place of business in India:
Provided also that in respect of any applicant who is not a resident of India, the turnover may be certified by any authority competent to certify the accounts of a company in that country.]
3[(4) A certificate granted under sub-section (3) shall be valid for a period of three years and may be renewed from time to time for a further period of three years at a time.
(5) An application for renewal shall be made in such form as may be prescribed and shall be accompanied by such amount of fees as may be notified by the Central Government:
Provided that such fees shall not be less than rupees ten thousand and shall not exceed rupees twenty thousand.
(6) The competent authority shall renew the registration certificate granted under sub-section (3) if the applicant continues to fulfil the conditions as laid down at the time of registration.]
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1 Subs. by Act 44 of 2000, s. 3, for clause (a) (w.e.f. 5-12-2000).
2 Ins. by s. 3, ibid. (w.e.f. 5-12-2000).
3 Subs. by s. 3, ibid., for sub-sections (4) and (5) (w.e.f. 5-12-2000).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 No person to carry on business without registration
- 4 Registration for multimodal transportation
- 5 Cancellation of registration
- 6 Appeal
- 7 Issue of multimodal transport document
- 8 Multimodal transport document to be regarded as document of title
- 9 Contents of multimodal transport document
- 10 Reservation in the multimodal transport document
- 11 Evidentiary effect of the multimodal transport document
- 12 Responsibility of the consignor
- 13 Basis of liability of multimodal transport operator
- 14 Limits of liability when the nature and value of the consignment have not been declared and stage of transport where loss or damage occurred is not known
- 15 Limits of liability when the nature and value of the consignment have not been declared and stage of transport where loss or damage occurred is known
- 16 Liability of the multimodal transport operator in case of delay in delivery of goods under certain circumstances
- 17 Assessment of compensation
- 18 Loss of right of multimodal transport operator to limit liability
- 19 Limit of liability of multimodal transport operator for total loss of goods
- 20 Notice of loss of or damage to goods
- 20A Period of responsibility
- 21 Special provision for dangerous goods
- 22 Right of multimodal transport operator to have lien on goods and documents
- 23 General average
- 24 Limitation on action
- 25 Jurisdiction for instituting action
- 26 Arbitration
- 27 Delegation of power
- 28 Multimodal transport contract to be made in accordance with this Act
- 29 Act of override other enactments
- 30 Power to make rules
- 31 Repealed
- 32 Repeal and savings