(1) The Multimodal Transportation of Goods Ordinance, T992 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Ordinance.
Power to make rules.
Amendment of certain enactments.
Repeal and savings.
THE SCHEDULE (See section 31) AMENDMENT OF CERTAIN ENACTMENTS
PART I Amendments of the Carriers Act, 1865 (3 of 1865) In the Carriers Act, 1865,—
(a) in section 2, in the definition relating to "common carrier", after thp words "engaged in the business of", the words "transporting property under multimodal transport document or of" shall be inserted;
12 THE GAZETTE OF INDIA EXtJtAOftDmARY IVART H—
(6) in sections 6, 7 and 8, for t&e words "property delivered", the wards and brackets "property (inclosing container, pallet or similar article oS transport used to consolidate goods) delivered" shall, respectively, be substituted;
(c) in sections 9 and 10, for flie 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.
PART II Amendment to the Indian Carriage-of Goods by Sea Act, 1925 (26 of. 1935) In the Indian Carriage of Goods by €fea 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 at Brussels on 23rd February, 1968 and by the Protocol signed at Brussels on 21st December, 1979;";
(Jb) in section 7, in sub-section 0 ) , for the words and figures "sections 331 and 352", the words, figures and letters "section 331 and Pare XA" shall be substituted;
(c) in the Schedule,—
(i) in Article I, in clause • (p), after the word "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 m,—
(1) in paragraph 4. the following shall be added at the end, namely:— "However, proof: to, the contrary 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, the following shall be added at the end, namely:— "This period, may, Joawevet, be extended if the parties so agree after flie cause of action has arisen:
Provided that a suit may be brought after the expiry of the 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";
(iii) in Article IV, in paragraph 5,—
(2) for the words and figures "amount exceeding 100 1.
pflt paclrage or unit", the words and figures "amount exceeding &5(j'.67 Special Drawing Rights per package or unit or X*C. I ] THE UAZETlli Of INDIA EXTRAORDINARY )3 two Special Drawing Rightg per kilogram of gross weight of the goods losi or damaged, whichever is higher" shall be substituted;
(2) after the first sub-paragraph, the following subparagraphs shall be inserted, namely: — "Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumeraied in the bill of lading and a? packed in such article of transport shall be deemed io be the number of packages or units for the purposes n? this paragraph as far as these packages or units are concerned.
Neither the -carrier nor the ship shall be entitled to the benefit of limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
Where the nature or value of the goods has been knowingly misstated by the shipper in the bill of lading, ifte liability of the carrier or ship shall not exceed the value so stated.".
PART III Amendment t0 the Sale of Goods Act, 1930 (3 of 1930) In the Sale of Goods Act, 1930, in section 2, in clause (4), after the words "railway receipt.", the words "multimodal transport document," shall be inserted.
SHANKER DAYAL SHARMA, President.
K. L. MOHANPURIA, Secy, to the Govt. of India.
PRINTED BY THE MANAGER, GOVCK.VMfc>\'r OF INDIA PrtFSS, MINTO ROAD, NEW DELHI *Nr> Pt'Bi.isHFn ;tv m i . r uNi'itoi i i • . : o1' PI KU^\TI<~>\-J D H . H I , 1993.