Act Number: 28

Act Name: The Multimodal Transportation of Goods Act, 1993

Year: 1993

Enactment Date: 1993-04-02

Long Title: An Act to provide for the regulation of the multimodal transportation of goods, from any place in India to a place outside India, on the basis of a multimodal transport contract and for matters connected therewith or incidental thereto.

Ministry: Ministry of Shipping

Department:

Section 4: Registration 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.]
Notes:
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).
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