3. No person to carry on business without registration.—No person shall carry on or commence
the business of multimodal transportation unless he is registered under this Act:
Provided that a person carrying on the business of multimodal transportation immediately before the
commencement of this Act, may continue to do so for a period of three months from such
commencement; and if he has made an application for registration within the said period, till the disposal
of such application.
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.
1. Subs. by Act 44 of 2000, s. 2, for clauses (k) and (l) (w.e.f. 5-12-2000).
2. Subs. by s. 2, ibid., for “not as an agent either of the consignor or of the carrier”(w.e.f. 5-12-2000).
3. Ins. by s. 2, ibid. (w.e.f. 5-12-2000).
5
(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.]
5. Cancellation of registration.—The competent authority may, if it is satisfied at any time after
registration that—
(a) any statement in, or in relation to, any application under sub-section (2) of section 4 or its
renewal under sub-section (5) of that section, is incorrect or false in any material particular; or
(b) any of the provisions of this Act or the rules made thereunder has been contravened by the
multimodal transport operator; or
(c) the multimodal transport operator has not entered into any multimodal transport contract
during the preceding two years after his registration,
cancel by order the certificate of registration:
Provided that no such registration shall be cancelled unless the multimodal transport operator has
been given a reasonable opportunity of showing cause against the proposed action.
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).
6
6. Appeal.—1
[(1) Any person aggrieved by, refusal of the competent authority to grant or renew
registration under section 4 or by cancellation of registration under section 5, may prefer an appeal to the
Central Government within such period as may be prescribed.]
(2) No appeal shall be admitted if it is preferred after the expiry of the prescribed period:
Provided that an appeal may be admitted after the expiry of the prescribed period if the appellant
satisfies the Central Government that he had sufficient cause for not preferring the appeal within the
prescribed period.
(3) Every appeal made under this section shall be made in such form and on payment of such fees as
may be prescribed and shall be accompanied by a copy of the order appealed against.
(4) On receipt of any such appeal, the Central Government shall, after giving the parties a reasonable
opportunity of being heard and after making such inquiry as it deems proper, make such order as it thinks
fit.