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Conventions

Salient Features of MTGA, 1993

Salient features of Multimodal Transport Goods Act, 1993 (MMTGA) are  as below

  1. Distinction between Carrier and MTO in the Act
  2. Provision for cancellation of registeration as per section 5 of the Act.
  3. Freedom to exporters to make the multimodal transport document eighter negotiable or non-negotiable
  4. Overcoming the restrictions of Hague-Visiby Rules by inclusion of animals, container, pallets or similar articles of transport in the defintion of goods.
  5. MTD as document of title
  6. Presumption about receipt of goods in good condition and quantity
  7. Basis of liability of MTO is on ‘presumed fault or neglect’
  8. Liability of the MTO not only for delay but also for any consequential loss or damage arising from such delay
  9. presumption fo consignment as being lost if delivery not effected with 90 consecutive days following the date of delivery stipulated
  10. Limits of liability in case of loss or damage as 666.67 SDR per package or 2 SDR per kg. of weight
  11. Limits of liability in case of loss to consignment not involving carriage by sea as 8.33 SDR per kg in accordance with CMR Conventions
  12. Liability for delay of consignment limited to the freight payable for the consignment so delayed.
  13. Valuation of the compensation linked to jurisdiction and the commodity exchange rate
  14. MTO debarred to limit his liability in certain circumstances.
  15. Notice Period about the loss or damage to the consignment has been kept as six consecutive days after the stipulated period time
  16. Limitation of action against MTO kept wide
  17. Jurisdiction for institution action kept as wide as possibel
  18. Provision of any MTD necessariy to be in accordance with MTGA 

Discussion

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