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Saturday, 11 January 2014

Special Provisions For Dangerous Goods

 

-----  Where the consignor hands over the prescribed dangerous goods to a multimodal transport operator or any person acting on behalf of such operator , the consignor shall inform him to the nature of dangerous goods and if necessary , the precautions to be taken while transporting such goods .

-----  Where the consignor fails to inform the multimodal transport operator or the other person acting on behalf of such operator of the nature of the dangerous goods and such operator or person does not otherwise have knowledge of the dangerous goods .

     a)  The consignor shall be liable to the multimodal transport operator or the other person acting on behalf of such operator for all loss resulting from the multimodal transportation of such goods ; and

     b)  The goods may at any time be unloaded , destroyed or rendered innocuous , as the circumstances may require , without payment of compensation .

Right to multimodal transport operator to have lien on goods and documents :-

-----   The multimodal transport operator who has not been paid the amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and the documents in his possession .

-----   Notwithstanding anything contained the period during which the goods are in possession of the multimodal transport operator in exercise of his right of lien and shall not be included for the purpose of calculating the time of delay under any rule or law .

Notwithstanding anything contained in any other provision of any Act , it shall be lawful for the parties to the multimodal transport contract to include in the multimodal transport document any provision relating to General Average .

Explanation :- For the purpose of section  "general average" means loss , damage or expanse reasonably incurred in order to avert danger to property in common peril and in the common interest involved in the multimodal transportation .