CARRIAGE BY AIR (AMENDMENT) ACT 2009

Year : 2009

[Act No. 28 of 2009]

[20th March, 2009]

PREAMBLE

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:-

Section - 1  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.

Section - 2 Amendment of long Title

In the Carriage by Air Act, 1972(69 of 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.

Section -3 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.'.

Section -4 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.".

Section -5  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.".

Section - 6  Insertion of new section 4A

After section 4 of the principal Act, the following section shall be inserted, namely:-

"4 A. (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.".

Section - 7  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.

Section - 8  Insertion of new section 6A

After section 6 of the principal Act, the following section shall be inserted, namely:-

"6A. 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.".

Section - 9  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.".