The Multimodal Transportation of Goods Act, 1993 regulates the transportation of the goods from India to outside India or within India involving one or more modes of transport on the basis of the single transport contract and according to it an unregistered multi-modal transport operator is absolutely forbidden to carry on the business of multi-modal transportation.
Section-3, 4, 5 & 6 of Multi-Modal Transportation of Goods Act deal with the law regulating various aspects such as registration, cancellation and appeal against such registration or cancellation of registration of multi-modal transport operator.
The criteria to be fulfilled for being registered as a multi-modal transport operator are as follows:
- The applicant should be a company,firm or proprietary concern.
- If the Applicant is engaged either in the business of shipping or freight forwarding in India or abroad, it must have a minimum annual turn over of Rs. 50 Lakh, during the immediately preceding financial year or must have an annual average turn over of Rs. 50 Lakh, during the preceding three financial years. However, the same needs to be certified by a Chartered Accountant. [In case the applicant is not from India, the turnover may be certified by any authority competent to certify the accounts of a company of that country.]
- Where the applicant is a company, firm or proprietary concern other than one engaged in the business of shipping or fright forwarding in India or abroad, and that the subscribed share capital or aggregate balance in its capital account or that in the capital account of its partners or proprietorís capital account is not less than Rs. 50 Lakhs and that the applicant has offices, agents or representatives in not less than two other countries
- Where the applicant is not a resident of India and where the applicant is not engaged in the business of shipping, he must establish a place of business in India.
- The competent authority on being satisfied about the existence of the abovementioned credentials shall,register the applicant as MTO