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Introduction
The United Nations multimodal transport convention was drafted as
a
result of development of maritime legislations and subsidiary
regulation
of about 50 years. The ratification required a fairly high no. of
country, there fore it could not find favour from developed
countries
hence ceased to be operative.
The government of India
ratified the Hague Visby rules 1968 which
necessitated the enactment of a favorable legislation. On the
basis of
the U.N convention of 1980 the multi modal transportation of goods
act
1993 was enacted. This law was made effective from 16th October
1992.
There are several provisions in the act which protects the rights
and
interest of exporters. It defined both a carrier and multi modal
transport operator's that they cannot be get confused by the
exporters.
Registrations of M.T.O. are also made compulsory and hence provide
certain condition for being a multi modal transport operator.
Freedom to make multimodal transport document either negotiable or
non
negotiable are also given to exporters. On the other hand it also
overcomes the short comings of Hague Visby rules
by including
animals
container and pallets of transport in the definition of goods. The
basis of liability has been changed to presumed fault or
neglect
in the same way as in Hamburg's rule. All the exceptions like fire
perils act of god etc under which the ship or carrier could
exonerate
have been done away.
M.T.O is liable not only for delay but also for any consequential
loss
or damage arising out from such delay.
The exporters can claim for the loss of goods if goods are not
received
within 90 days from the date of stipulated period of delivery.
Limits of liability in case of loss or damage as 666.67 SDR per
package
or unit or 2 SDR per kg of weight. Limits of liability in case of
loss
to consignment by air kept as 8.33SDR per kg in accordance with
Warsaw
convention. Notice period for such loss or damage to the
consignment
kept as 6 consecutive days. The short notice period can't be
stated in
the interest of exporters.
Further more the consigner or a person entitled to receive the
goods on
his behalf can bring action against MTO within nine months of the
stipulated time period.
Multimodal Transport Of Goods act,1993 tries to promote export
trade by
facilitating the transport regulations, documentation and system,
but
the best result can be achieved when the exporters become aware of
there
rights and participate actively in protection of their interests.
Any
loss to exporters is national loss and all efforts should be made
to
stream line the system, weed out the problems and suggests
necessary
amendments if any.
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Exporter'S
Interest Protection & Multi Modal Transportation Of Goods Act,
1993
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The
author can be reached at: satyavyas11@legalserviceindia.com /
