THE INDIAN CARRIAGE BY AIR ACT, 1934

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Year : 1934

[ACT NO. 20 OF 1934.]

An Act to give effect to the Convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12thday of October, 1929 and to the said Convention as amended by the Hague Protocol on the 28th day of September, 1955 1*[and also to the Montreal Convention signed on the 28th day of May, 1999] and to make provision for applying the rules contained in the said Convention in its original form and in the amended form (subject to exceptions, adaptations and modification) to non-international carriage by air and for matters connected therewith.

Be it enacted by Parliament in the Twenty Third Year of the Republic of India as follows:-

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1. Inserted by the Carriage by Air (Amendment) Act, 2009.

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Section -1 Short title, extent and commencement

(1) This Act may be called the Carriage by Air Act, 1972.

(2) It extends to the whole of India.

(3) It shall come into force on such date 1*as the Central Government may, by notification in the Official Gazette, appoint.

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1. The principal Act came into force w.e.f.15th May, 1973 vide Gazette of India, Part II, Section 3 (ii) (Ext) dated 26th March, 1973 and the Carriage by Air (Amendment) Act, 2009 came into force w.e.f.1st July,2009 vide Gazette of India, Part II, Section 3 (ii)
(Ext) dated 20th March, 2009.

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Section -2 Definitions

In this Act, unless the context otherwise requires,-

(1) “Amended Convention” means the Convention as amended by the Hague Protocol on the 28thday of September 1955;

(2) “Convention”means the Convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12th day of October, 1929.

(3) 1*[“Montreal Convention” means the Convention for the unification of certain rules relating to international carriage by air signed at Montreal on the 28thday of May, 1999;]

(4) 2*[“Annexure” means the Annexure annexed to this Act.]

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1. Inserted by the Carriage by Air (Amendment) Act, 2009.

2. Inserted, Ibid

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Section -3 Application of Convention to India

(1) The rules contained in the First Schedule, being the provisions of the Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply,irrespective of the nationality of the aircraft performing the carriage.

(2) 1*[For the purpose of this Act, the High Contracting Parties to the Convention and the date of enforcement of the said Convention shall be such as are included in Part I of the Annexure.]

(3) Any reference in the First Schedule to the territory of any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party.

(4) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier.

(4) 2*[The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part I of the Annexure, any High Contracting Party and on such addition, or as the case may be, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.]

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1. Substituted by the Carriage by Air (Amendment) Act, 2009.

2. Substituted, ibid

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Section -4 Application of amended Convention to India

(1) The rules contained in the Second Schedule, being the provisions of the amended Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage.

(2) 1*[For the purpose of this Act, the High Contracting Parties to the amended Convention and the date of enforcement of the said amended Convention shall be such as are included in Part II of the Annexure.]

2*[(2A) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part II of the Annexure, any High Contracting Party and on such addition, or, as the case may be, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.]

(3) Any reference in the Second Schedule to the territory of any High Contracting party to the amended Convention shall be construed as a reference to all the territories in respect of which he is a party.

(4) Any reference in the Second Schedule, 2*[as applicable to carriage by Air, not being international carriage by air] to agents of the carrier shall be construed as including a reference to servants of the carriers.
 
4A - 3* Application of Montreal Convention to India
 
(1) The rules contained in the Third Schedule, being the provisions of the Montreal Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage.

(2) For the purpose of this Act, the State Parties to the Montreal Convention and the date of enforcement of the said Montreal Convention shall be such as are included in Part III of the Annexure.

(3) Any reference in the Third Schedule to the territory of any State Party to the Montreal Convention shall be construed as a reference to all the territories in respect of which he is a party.

(4) Any reference in the Third Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier.

(5) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part III of the Annexure, any State Party and on such addition or, as the case may be, omission, such Party shall be or shall cease to be, a State Party.]

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1. Substituted by the Carriage by Air (Amendment) Act, 2009.

2. Inserted, ibid

3. Inserted by the Carriage by Air (Amendment) Act, 2009.

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Section -5 Liability in case of death

(1) Notwithstanding anything contained in the Fatal Accidents Act, 1855 (13 of 1855) or any other enactment or rule of law in force in any part of India, the rules contained in the First Schedule, the Second Schedule 1*[and the Third Schedule] shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger.

(2) The liability shall be enforceable for the benefit of such of the members of the passenger’s family as sustained damage by reason of his death.

Explanation
.- In this sub-section, the expression “member of a family” means wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, step-child and grand-child:

Provided that in deducing any such relationship as aforesaid any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters.

(3) An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under sub-section (2) enforceable, but only one action shall be brought in India in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in India or not being domiciled there express a desire to take the benefit of the action.

(4) Subject to the provisions of sub-section (5), the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportion as the Court may direct.

(5) The Court before which any such action is brought may, at any stage of the proceedings, make any such order as appears to the Court to be just and equitable in view of the provisions of the First Schedule or the Second Schedule 2*[or the Third Schedule], as the case may be, limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside India in respect of the death of the passenger in question.

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1. Inserted by the Carriage by Air (Amendment) Act, 2009.

2. Inserted, ibid.

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Section -6 Conversion of francs

Any sum in francs mentioned in rule 22 of the First Schedule or of the Second Schedule, as the case may be, shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court.

6A. 1*Conversion of Special Drawing Rights

Any sum in Special Drawing Rights mentioned in rules 21 and 22 of the Third Schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court in accordance with the provisions of rule 23 of the said Third Schedule.

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1. Inserted by the Carriage by Air (Amendment) Act 2009.

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Section-7 Provisions regarding suits against High Contracting Parties who undertake carriage by air

(1) Every High Contracting Party to the Convention or the  amended Convention, as the case may be, who has not availed himself of the provisions of the Additional Protocol thereto shall, for  the purposes of any suit brought in a Court in India in accordance with the provisions of rule 28 of the First Schedule, or of the Second Schedule, as the case may be, to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court and to be a person for the purposes of the Code of Civil Procedure, 1908 (5 of 1908).

(2) The High Court may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on.

(3) Nothing in this section shall authorize any Court to attach or sell any property of a High Contracting Party to the Convention or to the amended Convention.

Section-8 Application of Act to carriage by air which is not international

(1) The Central Government may, by notification in the Official Gazette, apply the rules contained in the First Schedule and any provision of section 3 or section 5 or section 6 to such carriage by air, not, being international carriage by air as defined in the First Schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified.

(2) The Central Government may, by notification in the Official Gazette, apply the rules contained in the Second Schedule and any provision of section 4 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the Second Schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified.

(3) 1*[The Central Government may, by notification in the Official Gazette, apply the rules contained in the Third Schedule and any provision of section 4A or section 5 or section 6A to such carriage by air, not being international carriage by air as defined in the Third Schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified.]

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1. Substituted by the Carriage by Air (Amendment) Act, 2009, w.e.f. 01-07-2009

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Section-9 Repeal

1*[The Indian Carriage by Air Act, 1934 (20 of 1934) is hereby repealed.]

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1. Repealed by the Repealing and Amending Act (38 of 1978), S.2 (25-11-1978)

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THE FIRST SCHEDULE
(See Section 3)

RULES

(1) These rules apply to all international carriage of persons, luggage or goods performed by aircraft for reward. They apply also to such carriage when performed gratuitously by an air transport undertaking.

(2) In these rules “High Contracting party” means a High Contracting Party to the Convention.

(3) For the purpose of these rules the expression, “international carriage” means any carriage in which according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty,suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of these rules.

(4) A carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of contracts, and it does not loose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.

(1) These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1.

(2) These rules do not apply to carriage performed under the terms of any international postal Convention.

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