The Carriage By Air (Amendment) Act, 2009

 
FREE EXCERPT

THE CARRIAGE BY AIR (AMENDMENT) ACT, 2009

NO. 28 OF 2009

[20th March, 2009.]

An Act further to amend the Carriage by Air Act, 1972.

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-

  1. Short title and commencement.

  2. Short title and commencement. - (1) This Act may be called the Carriage by Air (Amendment) Act, 2009.

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

  3. Amendment of long title.

  4. Amendment of long title. - In the Carriage by Air Act, 1972 (hereinafter referred to as the principal Act), in the long title, for the words "and to make provision for", the words, figures and letters "and also to the Montreal Convention signed on the 28th day of May, 1999 and to make provision for" shall be substituted.

  5. Amendment of section 2.

  6. Amendment of section 2. - In section 2 of the principal Act, after clause (ii), the following clauses shall be inserted, namely:-

    '(iii) "Montreal Convention" means the Convention for the unification of certain rules for international carriage by air signed at Montreal on the 28th day of May, 1999;

    (iv) "Annexure" means the Annexure annexed to this Act.'.

  7. Amendment of section 3.

  8. Amendment of section 3. - In section 3 of the principal Act,-

    (a) for sub-section (2), the following sub-section shall be substituted, namely:-

    "(2) 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.";

    (b) for sub-section (5), the following sub-section shall be substituted, namely:-

    "(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 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.".

  9. Amendment of section 4.

  10. Amendment of section 4. - In section 4 of the principal Act, for sub-section (2), the following sub-sections shall be substituted, namely:-

    "(2) 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.

    (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.".

  11. Insertion of new section 4A.

  12. Insertion of new section 4A. - After section 4 of the principal Act, the following section shall be inserted, namely:-

    Application of Montreal Convention to India. - "4A. (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 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 State Party shall be or shall cease to be, a State Party.".

  13. Amendment of section 5.

  14. Amendment of section 5. - In section 5 of the principal Act,-

    (a) in sub-section (1), for the words "the First Schedule and in the Second Schedule", the words "the First Schedule, the Second Schedule and the Third Schedule" shall be substituted;

    (b) in sub-section (5), for the words "the First Schedule or of the Second Schedule", the words "the First Schedule or the Second Schedule or the Third Schedule" shall be substituted.

  15. Insertion of new section 6A.

  16. Insertion of new section 6A. - After section 6 of the principal Act, the following section shall be inserted, namely:-

    Conversion of Special Drawing Rights. - "6A. 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.".

  17. Amendment of section 8.

  18. Amendment of section 8. - In section 8 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:-

    "(3) 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.".

  19. Insertion of Third Schedule and Annexure.

  20. Insertion of Third Schedule and Annexure. - After the Second Schedule to the principal Act, the following Schedule and Annexure shall be inserted, namely:-

    THE THIRD SCHEDULE

    (See section 4A)

    RULES

    CHAPTER I

    SCOPE OF APPLICATION

    CHAPTER I

    SCOPE OF APPLICATION

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

    (2) In these rules, unless the context otherwise requires,-

    (a) "baggage" means both checked baggage and unchecked baggage;

    (b) "days" means calendar days and not working days;

    (c) "depository" means the International Civil Aviation Organisation;

    (d) "State Party" means a signatory or acceding State to the Montreal Convention whose instrument of ratification or accession has been deposited with the depository.

    (3) For the purposes of these rules, the expression "international carriage"

    means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two State Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party. A carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State shall not be deemed to be international carriage for the purposes of these rules.

    (4) A carriage to be performed by several successive air carriers shall be 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 shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.

    (5) These rules shall apply also to carriage as set out in Chapter V, subject to the terms contained therein.

  22. (1) These rules shall 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) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administration.

    (3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items.

    CHAPTER II.

    DOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE CARRIAGE OF PASSENGERS, BAGGAGE AND CARGO

    CHAPTER II

    DOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE CARRIAGE OF PASSENGERS, BAGGAGE AND CARGO

  23. (1) In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing-

    (a) an indication of the places of departure and destination;

    (b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one of such stopping places.

    (2) Any other means which preserves the information indicated in sub-rule (1) may be substituted for the delivery of the document referred to in that sub-rule. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved.

    (3) The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

    (4) The passenger shall be given written notice to the effect that where these rules are applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or...

To continue reading

REQUEST YOUR TRIAL