The Carriage by Air Act, 1972

Sections

1. VI — GENERAL AND FINAL PROVISIONS
2. 1The provisions of rules 3, 4, 5, 7 and 8 relating to the documentation of carriage shall not apply i
3. 2The Warsaw Convention has been given effect to in India by the enactment of the Indian Carriage by A
4. 3A diplomatic conference under the auspices of International Civil Aviation Organisation was held at
5. 4Some of the major amendment effected by the Hague Protocol to the Warsaw Convention are
6. 4AApplication of Montreal Convention to India
7. 5Acceptance of the Hague Protocol would put our national carrier on the same footing as many of its i
8. 6(1) The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods
9. 7It is, therefore, proposed to enact a law, in place of the existing Indian Carriage by Air Act, 1934
10. 8The Bill seeks to give effect to the above objectives
11. 8APower to make rules
12. 9Any clause contained in the contract of carriage and all special agreements entered into before the
13. II — DOCUMENTS OF CARRIAGE
14. 10(1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill
15. 11(1) The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage
16. 12(1) Subject to his liability to carry out all his obligations under the contract of carriage, th
17. 13(1) Except in the circumstances set out in rule 12, the consignee is entitled, on arrival of the
18. 14The consignor and the consignee can respectively enforce all the rights given to them by rules 12 an
19. 15(1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee, wi
20. 16(1) The consignor must furnish such information and attach to the air consignment note such docu
21. III — LIABILITY OF THE CARRIER
22. 17The carrier is liable for damage sustained in the event of the death or wounding of a passenger or a
23. 18(1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of
24. 19The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods
25. 20If the carrier proves that the damages was caused or contributed to by the negligence or other wrong
26. 21If the carrier proves that the damage was caused by or contributed to by the negligence of the injur
27. 22(1) In the carriage of passengers the liability of the carrier for each passenger is limited to
28. 23Any provision tending to relieve the carrier of liability or to fix a lower limit then that which is
29. 24(1) Without prejudice to the provisions of rule 25 and subject to sub-rule (2), the limits o
30. 25(1) The carrier shall not be entitled to avail himself of the provisions of this Schedule which
31. 26(1) Receipt by the person entitled to delivery of luggage or goods without complaint is _prima f
32. 27In the case of the death of the person liable, an action for damages lies in accordance with these rules against those legally representing his estate
33. 28An action for damages must be brought at the option of the plaintiff, either before the Court having
34. 29The right of damages shall be extinguished if an action is not brought within two years, reckoned fr
35. 30(1) In the case of carriage to be performed by various successive carriers and falling within th
36. IV — PROVISIONS RELATING TO COMBINED CARRIAGE
37. 31(1) In the case of combined carriage performed partly by air and partly by any other mode of car
38. V — GENERAL AND FINAL PROVISIONS
39. 32Any clause contained in the contract and all special agreements entered into before the damage occur
40. 33Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any
41. 34This Schedule does not apply to international carriage by air performed by way of experimental trial
42. 35The expression "days" when used in these rules means current days, not working days
43. 36When a High Contracting Party has declared at the time of ratification of or of accession to the Con
44. III — LIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION FOR DAMAGES
45. 37Nothing in these rules shall prejudicially affect the right of a person liable for damages to take recourse against any other person
46. IV — COMBINED CARRIAGE
47. 38(1) In the case of combined carriage performed partly by air and partly by any other mode of car
48. V — CARRIAGE BY AIR PERORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER
49. 39The provisions of this Chapter shall apply when a person (hereinafter referred to as the contracting
50. 40If an actual carrier performs the whole or part of carriage which, according to the contract referre
51. 42Any complaint to be made or instruction to be given under the provisions of these rules to the carri
52. 43In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or
53. 44In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverabl
54. 45In relation to the carriage performed by the actual carrier, an action for damages may be brought, a
55. 46Any action for damages contemplated in rule 45 must be brought, at the option of the complainant, in
56. 47Any contractual provision tending to relieve the contracting carrier or the actual carrier of liabil
57. 48Section 48
58. VI — GENERAL AND FINAL PROVISIONS
59. 49Any clause contained in the contract of carriage and all special agreements entered into before the
60. 50State Parties shall require their carriers to maintain adequate insurance covering their liability u
61. 51The provisions of rules 3, 4, 5, 7 and 8 relating to the documentation of carriage shall not apply i
62. 52The expression "days" when used in this Schedule means calendar days and not working days