The Carriage by Air Act, 1972

(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 date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires, (i) "amended Convention" means the Convention as amended by the Hague Protocol on the 28thday of September, 1955; (ii) "Convention" means the Convention for the unification of certain rules relating tointernational carriage by air signed at Warsaw on the 12th day of October, 1929. 1[(iii) "Montreal Convention" means the Convention for the unification of certain rules forinternational carriage by air signed at Montreal on the 28th day of May, 1999; (iv) "Annexure" means the Annexure to this Act.]

(1) The rules contained in the First Schedule, being theprovisions 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 inrelation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraftperforming the carriage. 1[(2) For the purpose of this Act, the High Contracting Parties to the Convention and the date ofenforcement 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 theConvention 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 areference to servants of the carrier. 2[(5) The Central Government may, having regard to the objects of this Act, and if it considersnecessary 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 maybe, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.]

(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 theforce of law in India in relation to any carriage by air to which those rules apply, irrespective of thenationality of the aircraft performing the carriage. 1[(2) For the purpose of this Act, the High Contracting Parties to the amended Convention and thedate of enforcement of the said amended Convention shall be such as are included in Part II of theAnnexure. (2A) The Central Government may, having regard to the objects of this Act, and if it considersnecessary 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 maybe, 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 theamended Convention shall be construed as a reference to all the territories in respect of which he is aparty. (4) Any reference in the Second Schedule to agents of the carrier shall be construed as including areference to servants of the carrier.]

1[4A. Application of Montreal Convention to India.-- (1) The rules contained in the ThirdSchedule, 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 theforce of law in India in relation to any carriage by air to which those rules apply, irrespective of thenationality of the aircraft performing the carriage. (2) For the purpose of this Act, the State Parties to the Montreal Convention and the date ofenforcement 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 Conventionshall 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 areference to servants of the carrier. (5) The Central Government may, having regard to the objects of this Act, and if it considersnecessary 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. 2[(6) The Central Government may, having regard to the objects of the Act, and if it considersnecessary or expedient so to do, by notification in the Official Gazette, give effect to the limits of liability,revised by the depository under rule 24 of Chapter III of the Third Schedule to this Act, for the purposesof determining the liabilities of the carriers and extent of compensation for damages under the saidChapter of that Schedule.]