(1) The parties to a multimodal transport contract may provide therein that any dispute which may arise in delation to multimodal tranjspor- Nation under (he provisions of this Ordinance 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.
27. The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Ordinance, 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 of authority as may be specified in the notification.
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 Ordinance and any contract, to the extent it is inconsistent with the said provisions, shall be void and unenforceable.
29. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained m any other law for the time being in force or any instrument having effect by virtue of any law other than this Ordinance.
Limitation otv Actions.
Jurisdiction for instituting action.
Arbitration.
Relegating of power.
Multimodal transport contract to bo made in accordance with this Ordinance.
Ofldijnance to overrule other cnactmegfti SEC. 1] THE GAZETTE Ob' INDIA EXTRAORDINARY II
30. (/) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Ordinance.
(2) In particular, and without prejudice to the generality of the loregoing provisions, such rules may provide far all or any of the fo'lowini; natters, namely:—
(a) the form in which application shall be made under sub-section
(2) of section 4;
(b) the period within which appca] shall be preferred under s'ub- SDCtion (I ) of section 6;
(c) the form in which an appeal shall be preferred undar section 6 and the amount of fee payable in respect ot' such appeal;
(d) dangerous goods for the purpose of section 2 1 ;
(e) any other matter which is to be, or may be. prescribed.
(3) Evey rule made under this Ordinance shall be laid, as soon as nuy be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session cr in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succciive sessions 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 modified form or bft of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything prev;ous1y done under that rule.
31 On and from the date of the commencement of this Ordinance, the enactments specified in Parts T, II and III of the Sch-MuL; shall be amen.k-d in the manner specified therein.
THE SCHEDULE (Sec section 31) AMENDMENTS TO CERTAIN ENACTMENTS
PART I Amendments to the Carriers Act, 1865 (3 of 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 multiinodfll transport document or of" shall be inserted;
(a) in section 2, in the definition relating to "common carrier", words and brackets "property (including container, pallet or similar article otf transport used to consolidate goods) delivered" shall, respectively, be substituted;
(c) in flections 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.
Power to mak.o ruto.
Amendment ot cirtain enactments.
12 THE GAZHIIK OF INDIA' EXTRAORDINARY [PART)1--
PART It Amendments to the Inian Carriage of Goods by Sea Act, 1&25 (26 of 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 lit Brussels on 23rd February, 1968 and by the Protocol signed at Brussels on 21st December, 1979;";
(b) in section 7, in sub-section (i), for the words and. figures "sections 331 and 352", the words, figures and letters "section 331 and Part XA" shall be subsiituted;
(c) in the Schedule —
(i) in Article I, in clause (c) after the words "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 HI,—
(3) in paragraph 4. the following shall be added at the end, namely: — "However, proof to the conirary 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, tho following shall be added at the end, namely: — "This period may, however, be extended if the parties so agree after the cause of uction has arisen;
Provided that a suit may be brought after the expiry of ihe 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.";
(in) in Article IV, in paragraph 5,— (/) for the words and figures "amount exceeding 100 1.
per package or unit", the words and figures '•amount exceeding 666.67 Special Drawing Righis 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- subparagaphs shall be inserted, name'y: — "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' fee deemed SEC. 1] rJdI.E GAZETTE OF INDJA EXTRAORDINARY 13 to be the number of packages or units for the purposes of this paragraph as far as Lhese packages or units are concerned.
Neither 'he carrier nor Lhe ship shall be entitled to the benetii ol lhe limiiation of liability provided for in ihis paragraph if n is proved ihat the damage resulted from an aci or omission of ihe carrier done with intent i-o cause damage, or recklessly and with knowledge that damage would probably result, Where 'be nature or value of (-he goods has been knowingly missiaied by the shipper in the bill of lading, ihe liability of ihe currier or ship shall not exceed the value so staled.".
PART III Amendment to the Sale of Goods Act, 1930 (3 of 1930) Tn Lhe Sale of Goods Acti, lfl30, in section 2, in clause (4), after the words "lailway receipt,", the words "multimodal transport document," shall be inserted.
SHANKRR DAYAL SHARMA.
President B. R. ATRE, Joini Secy, to the Govt. of India.
P R I N T E D B Y T H E M A N A C h R , C O V E R N M i V H Ol- I N D I V 1 - P E S S , M I N 1 O R U A D , N l - W D E L H I A N ! ) I ' U B ! ISIIIID BY 1 I U ' Cl )N I R O I l.t K O F I ' l ' B l . I C A F J O N S , D E 1 H F , 1 9 9 2 .