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The goods are carried by the mode of road, rail, sea and by air or combination
of any two or more of these modes.
governed by The Carriage by Road Act, 2007; the carriage of goods by rail is
governed by the Railways Act, 1989; the carriage of goods by sea is governed
by The Indian Carriage of Goods by Sea Act, 1925; the carriage of goods by
air is governed by The Carriage by Air Act, 1972. The carriage of goods
involving two different modes is governed by The Multimodal Transportation of
Goods Act, 1993.
The Carriage by Road Act, 2007 has been passed in the year 2007 replacing
the old Carriage Act, 1865. The Act was implemented w.e.f. 15.08.2010. The
main objective of enacting the Act by repealing the old Carriage Act, 1865 is to
regulate and limit the liability of common carriers; to provide for registration of
common carriers and to regulate carriage of hazardous and dangerous goods:
I.
Unquote :
The above definition classifies the common carriers into two categories
namely;
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The transporters who are engaged in the movement of white oil, black
oil, bitumen (bulk & packed), LPG (bulk & packed), Lubes (bulk &
packed) falls within the definition of Common Carrier.
B) Consignee - Section 2 (b) defines the word Consignee which is
reproduced below :
Quote :
"consignee" means the person named as consignee in the goods forwarding
note;
Unquote:
C) Consignment - Section 2 (c) defines the word Consignment which
is reproduced below :
Quote :
"consignment" means documents, goods or articles entrusted by the
consignor to the common carrier for carriage, the description or details of
which are given in the goods forwarding note;
Unquote :
D) Consignor - Section 2 (d) defines the word Consignor which is
reproduced below :
Quote :
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Unquote :
E) Goods - Section 2 (e) defines the word Goods which is
reproduced below :
Quote :
"goods" includes(i) containers, pallets or similar articles of transport used to consolidate goods;
and
(ii) animals or livestock;
Unquote :
Unquote :
II.
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The
IV.
SUSPENTION
OR
CANCELLATION
OF
CERTIFICATE
OF
REGISTERATION.
The registering authority on the satisfaction of the grounds has a power
to suspend or cancel the registration certificated granted to the
common carrier. The certificate of registration can be cancelled or
revoked on following grounds
1) Common carrier has failed to maintain registers as prescribed under
the Act.
2) Common carrier shifted the registered office without obtaining the
permissions
3) Common carrier failed to submit the reports prescribed under the
Act within 120 days after the Thirty First March of every year.
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V.
REMEDIES
AVAILABLE
TO
COMMON
REFUSAL/SUSPENSION/CANCELLATION
CARRIER
OF
AGAINST
REGISTRATION
CERTIFICATE.
The Registering Authority is under obligation to issue Show Cause
Notice to the common carrier before refusing his application for grant of
Registration Certificate or suspension or cancellation of certificate and
offer opportunity of hearing.
The common carrier has a right to file an appeal within period of 60
days from the date of order refusing the application for grant grant of
registration certificate or suspending/revoking the certificate of
registration to the State Transport Appellant Tribunal.
VI.
Subject
Details
2.
Goods Forwarding Note No. and Goods Receipt No. Date, if any. (GFN should be
machine numbered)
Details of Consignor & Consignee
3.
4.
Value of Goods
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5.
6.
Origin
7.
Destination
8.
9.
I . have taken necessary precautions for carrying dangerous and hazardous goods.
.
Signature of the consignor
Date : .
Note : - For dangerous & hazardous goods, the form should have upper left hand corners printed in red as
Dangerous and Hazardous goods.
Unquote :
Consignor is responsible for the correctness of the particulars furnished in the
GFN and is responsible to indemnify the common carrier against any damage
suffered due to the reasons of incorrectness or incompleteness of the
particulars on the GFN.
Consignor is under obligation to issue Goods Forwarding Note in duplicate to
the transporter. GFN should contain on upper left hand corner in Red colour
Expand goods if the consignment is pertaining to hazardous goods.
The common carrier has to return an Acknowledged copy of GFN to
consignor.
Consignor has to make a mention of valid Insurance Policy for carrying
dangerous & hazardous goods on the GFN.
VII.
Goods Receipt :
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The Common Carrier upon receipt of the GFN has to issue a Goods
Receipt, in the format prescribed under Form, of the rules which is
reproduced below:
Quote :
FORM 8
GOODS RECEIPT
(See rule 10(4))
Sr. No.
1.
Subject
Details
2.
3.
4.
Details of Consignor
Name and Address:
Details of Consignee
Name and Address:
Particulars of the Goods & their value
5.
6.
Origin of Consignment
7.
Destination of Consignment
8.
Whether the cargo/consignment has been booked under Section 10 or under Section 11 of the
Act.
9.
Distance to destination
10.
11.
Mutually agreed period of delay beyond the likely date of delivery (requirement of section 10 (2)
12.
13.
Additional payment collected / due over and above freight charges for higher risk undertaken by
the common carrier as mutually agreed upon with the consignor if cargo booked under Section
11.
Details of the insurance Policy / cover (in case of dangerous / hazardous goods)
14.
I. .. have taken necessary precautions for carrying dangerous and hazardous goods.
Date :.
.
Signature of the registered common carrier/his authorized agent:
Unquote :
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VIII.
Unquote :
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Common carrier can fix higher risk rate for enlarging its liability for loss
or damage to consignment provided the consignor undertakes to pay
such higher risk rate determined by the common carrier for movement
of such consignment. The consignor and common carrier can enter
into an agreement for compensation for loss or damage to the
consignment at higher risk on the condition that the consignor shall
pay higher transportation charges to the common carrier for its
responsibility to pay the higher compensation.
IX.
STATUTORY
PROVISIONS
APPLICATIONS
OF
COMMON
CARRIER :
The Common Carrier is responsible and liable to the consignor for the
loss or damage to any consignment in accordance with the GFN, even
such loss or damage has arisen on account of any criminal act of the
common carrier or any of his servants/agents. The Common Carrier
shall not take the defence that he took all reasonable care to avoid
such damage or loss to the consignment or he has acted as a man of
ordinary prudence.
The only exception in the above rule is that the Common Carrier shall
not be responsible for any loss/damage to the consignment if such loss
or damage is arisen out of:
(a) Act of God ;
(b) Act of war or public enemy ;
(c) Riots and civil commotion ;
(d) Arrest, restraint or seizure under legal process ;
(e) Order or restriction or prohibition imposed by the Central
Government or a State Government or by an officer or authority
subordinate to the Central Government or a State Government
authorised by it in this behalf.
X.
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i.
ii.
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The TTs has to report the supply location after delivery of the
product to the consignee.
prior to the contract with OMCs, the transporters are free to offer
their TTs to other users.
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