Section 21 of The Multimodal Transportation of Goods Act, 1993
Special provision for dangerous goods.
- (1)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 of the nature of the dangerous goods and, if necessary, the precautions to be taken while transporting such goods.
- (2)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.
Summary
- A consignor shipping prescribed dangerous goods must inform the operator of their dangerous nature.
- The consignor must also inform the operator of any necessary precautions to be taken.
- If the consignor fails to inform and the operator lacks knowledge of the danger, the consignor is liable for all resulting losses.
- In case of such failure, the operator can unload, destroy, or make the dangerous goods harmless at any time.
- The operator is not required to pay any compensation if they destroy or neutralize undeclared dangerous goods.
Practical examples
FAQ
1. What must a consignor do when shipping dangerous goods?
The consignor must inform the operator of the nature of the dangerous goods and, if necessary, the precautions to take while transporting them.
2. What happens if I fail to inform the operator about the dangerous nature of my goods?
You will be liable to the operator or their agents for all losses resulting from the transportation of those goods.
3. Can the operator destroy dangerous goods that were not declared?
Yes, if the operator did not know about the danger, they can unload, destroy, or make the goods harmless at any time without paying any compensation.
Test yourself
1.Under Section 21 of The Multimodal Transportation of Goods Act, 1993, what duty does a consignor have when shipping prescribed dangerous goods?
2.Under Section 21 of The Multimodal Transportation of Goods Act, 1993, if a consignor fails to declare dangerous goods, and the operator has no other knowledge of them, who is liable for any resulting losses?
3.Under Section 21 of The Multimodal Transportation of Goods Act, 1993, what action can an operator take if they discover undeclared dangerous goods during transit?
4.Under Section 21 of The Multimodal Transportation of Goods Act, 1993, which of the following is a necessary condition for the operator to destroy dangerous goods without paying compensation?