The Carriage by Air Act, 1972 · V — GENERAL AND FINAL PROVISIONS

Section 36. When a High Contracting Party has declared at the time of ratification of or of accession to the Con

In force · As amended up to 2026-08

36. When a High Contracting Party has declared at the time of ratification of or of accession to the Convention that sub-rule (1) of rule 2 of these rules shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty suzerainty or authority, these rules shall not apply to international carriage by air so performed. THE SECOND SCHEDULE ( See section 4) RULES 36. The expression "days" when used in these rules means current days, not working days. 1[THE THIRD SCHEDULE 2[(As applicable to carriage by air not being international carriage)] RULES 36. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in sub-rule (4) of rule 1, each carrier which accepts passengers, baggage or cargo shall be subject to the provisions of these rules and shall be deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision. (2) In the case of carriage of this nature, the passenger or any person entitled to compensation shall be entitled to take action only against the carrier which performed the carriage during which the accident or the delay occurred, except where, by express agreement, the first carrier has assumed liability for the whole journey. (3) In respect of baggage or cargo, the passenger or consignor shall have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery shall have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the delay, destruction, loss or damage took place. These carriers shall be jointly and severally liable to the passenger or to the consignor or consignee.

Source: India Code