7. Issue of multimodal transport document.—(1) Where the consignor and the multimodal
transport operator have entered into a contract for the multimodal transportation and the multimodal
transport operator has taken charge of the goods, he shall, at the option of the consignor, issue a
negotiable or non-negotiable multimodal transport document:
2
[Provided that the multimodal transport operator shall issue the multimodal transport document only
after obtaining, and during the subsistence of a valid insurance cover.]
(2) The multimodal transport document shall be signed by the multimodal transport operator or by a
person duly authorised by him.
8. Multimodal transport document to be regarded as document of title.—(1) Every consignee
named in the negotiable or non-negotiable multimodal transport document and every endorsee of such
document, as the case may be, to whom the property in the goods mentioned therein shall pass, upon or
by reason of such consignment or endorsement, shall have all the rights and liabilities of the consignor.
(2) Nothing contained in sub-section (1) shall prejudice or affect the right of the multimodal transport
operator to claim freight from the consignor or enforce any liability of the consignee or endorsee by
reason of his being such consignee or endorsee.
9. Contents of multimodal transport document.—The multimodal transport document shall contain
the following particulars, namely:—
3
[(a) the general nature of the goods, the leading marks necessary for identification of the goods,
the character of the goods (including dangerous goods), the number of packages or units and the gross
weight and quantity of the goods as declared by the consignor;]
(b) apparent condition of the goods;
(c) the name and principal place of business of the multimodal transport operator;
(d) the name of the consignor;
(e) the name of the consignee, if specified by the consignor;
(f) the place and date of taking charge of the goods by the multimodal transport operator;
(g) theplace of delivery of the goods;
1. Subs. by Act 44 of 2000, s. 4, for sub-section (1) (w.e.f 5-12-2000).
2. Ins. by s. 5, ibid. (w.e.f. 5-12-2000).
3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 5-12-2000).
7
1
[(h) the date or the period of delivery of the goods by the multimodal transport operator as
expressly agreed upon between the consignor and the multimodal transport operator;]
(i) whether it is negotiable or non-negotiable;
(j) the place and date of its issue;
2
[(k) freight payable by the consignor or the consignee, as the case may be, to be mentioned only
if expressly agreed by both the consignor and the consignee;]
(l) the signature of the multimodal transport operator or of a person duly authorised by him;
(m) the intended journey route, modes of transport and places of transhipment, if known at the
time of its issue;
(n) terms of shipment and a statement that the document has been issued subject to and in
accordance with this Act; and
(o) any other particular which the parties may agree to insert in the document, if any such
particular is not inconsistent with any law for the time being in force:
3
[Provided that the absence of any of the particulars listed above shall not affect the legal
character of the multimodal transport document.]
10. Reservation in the multimodal transport document.—(1) Where the multimodal transport
operator or a person acting on his behalf knows, or has reasonable grounds to suspect, that the particulars
furnished by the consignor in the multimodal transport document do not accurately represent the goods
actually taken in charge, or if he has no reasonable means of checking such particulars, the multimodal
transport operator or a person acting on his behalf shall insert in the multimodal transport document a
reservation specifying the inaccuracies, if any, the grounds of suspicion or the absence of reasonable
means of checking the particulars.
(2) Where the multimodal transport operator or a person acting on his behalf fails to insert the
reservation in the multimodal transport document relating to the apparent condition of the goods, he shall
be deemed to have accepted the goods in apparent good condition.
11. Evidentiary effect of the multimodal transport document.—Save as provided in section 10,—
(a) the multimodal transport document shall be prima facie evidence of the fact that the
multimodal transport operator has taken charge of the goods as described in the document;and
(b) no proof to the contrary by the multimodal transport operator shall be admissible if the
multimodal transport document is issued in negotiable form and has been transmitted to the consignee
or transferred by the consignee to a third party, if the consignee or the third party has acted in good
faith relying on the description of the goods in the document.
12. Responsibility of the consignor.—(1) The consignor shall be deemed to have guaranteed to the
multimodal transport operator the adequacy and accuracy, at the time the multimodal transport operator
takes charge of the goods, of the particulars referred to in clauses (a) and (b) of section 9 as furnished by
the consignor for insertion in the multimodal transport document.
(2) The consignor shall indemnify the multimodal transport operator against loss resulting from
inadequacy or inaccuracy of the particulars referred to in sub-section (1).
(3) The right of the multimodal transport operator under sub-section (2) shall in no way limit his
liability under the multimodal transport contract to any person other than the consignor.