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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 119] NEW DELHI, FRIDAY, MARCH 30, I973/CHAITRA 9, 1895

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF TOURISM AND CIVIL AVIATION

NOTIFICATION

New Delhi, 30th March 1973

APPLICATION OF THE CARRIAGE BY AIR ACT, 1972 TO CARRIAGE BY AIR

WHICH IS NOT INTERNATIONAL

S.O. 186(E).—In exercise of the powers conferred by sub- section (2) of section 8 to the Carriage by Air Act 1972 (69 of 1972) and in supersession of the notification of the Government of India in the late Ministry of Transport (Civil Aviation Wing) No. G.S.R 1967, dated the 17th December, 1963, except as respects things done or omitted to be done, the Central Gov- ernment hereby directs that with effect from the 1st April., 1973, section 4, section 5 and section 6 of that Act and the rules contained in the Second Schedule to that Act shall apply to all carriage by air not being international carriage by air as defined in the said Second Schedule, irrespective of the nationality of the aircraft performing the carriage, subject to the following exceptions, adaptations and modifications, namely :—

1. In the said Act,—

in section 4,

(i) sub-sections (1), (2) and (3) shall be omitted ;

(ii) in sub-section (4) after the words 'Second Schedule' the words "as applicable to carriage by Air, not being international carriage by air' shall be inserted ;

( 6 0 1)

2. In section 5,

(1) In sub-8ection (1) for the words 'in the First Schedule and the Second Schedule', the words in the Second Schedule as applicable to carriage by aid, not being International carriage by air, shall be substituted ;

(if¹) in sub-section (5) for the portion beginning with the words' of the First Schedule' and ending with the words 'passenger in question ', the words "of the Second Schedule as applicable to carriage by air, not being international carriage by air" shall be submitted;

3. section 6 shall be omitted;

4. in the Second Schedule,

(a) for the brackets, words and figure '(See section 4)* occurring below the heading 'Second Schedule'jthe brackets and words ' r(As applicable to carriage by air, not being international carriage)" shall be substituted ;

(b) the word "Definitions" forming part of the heading of Chapter I shall be omitted ;

(c) in rule 1,—

(i) in sub-rule (1), the word "international" shall be omitted; (il) sub-rule (2) shall be omitted ; (iii) for "ub-rule (3) the following sub-rule shall be substituted, namely :—

' (3) For the purposes of these rules, 'carriage by airj not being international carriage means any carriage In which according to the Intention of the parties, the place of departure and the place of destination are both situated in India and there is no agreed stopping place outside India."

(iv) in sub-rule (4), the portion beginning with--the words 'whether It had been agreed -

(11) in aub-rule (2), the word 'irregularity' shall be omitted.

(i) in rule II,—

(i) in Bub-rule (2), after the words 'air-way-bill' the words "if any" shall be inserted; -

"(2). Any statements in the air-way-bill relating to the weight, dimensions and pack- ing of thecargo or relatingto number of packages, are pritnx facie evidence of the facts stated; any such statements relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been and are stated in the air-way-bill to have been checked by him in the presence of the consignor, or relate to the apparent condition of the cargo";

'u) in rule 12,—

(i) in sub-rule (1), for the words 'consignee named in the air-way-bill' the words "original consignee" shall be substituted ;

(ii) sub-rule (3) shall be omitted ; (iii) in sub-rule (4), for the words "the waybill" the words "air waybill, if any" shall be inserted;

i(k) in rule 13, in sub-rule (1) for the words 'to hand over to him in the air waybill and to • deliver the cargo to him, on payment of the charges due to on complying with the conditions • of carriage set out in the air waybill', the words "to deliver the cargo to him, on payment of •the charges due and on complying with the conditions of the contract of carriage ", shall be •substituted;

TO m rule 15,—

,(j) .for sub-rule (2) the following sub-rule shall b: substituted, nirtuly :—

""The provisions of rules 12, 13 and 14 can only be varied by express provisions in the

air waybill or by written agreement between the parties to that effect".

"(ii) in sub-rule (3) after the words 'negotiable air waybill' the words "if any" shall be inserted.

(m) in rule 16, in sub-rule (1) for the words 'attach to the air waybill such documents as are necessary to meet the formalities of customs', the words "documents as are necessary to meet the formalities of customs, excise" shall be substituted;

"19. In the absence of a contract to the contrary, the carrier is not to be liable for damage occassioned by delay in the carriage by air of passengers, bflggege or cargo."

(o)Jfor rule 20, the following rule shall be substituted, najaely :

"20. In the carriage of baggage and cargo the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the WCTWt or in navigation and that, in all other respects, he and his agents have rtaken all ncpes,"ftry measures to avoid the damage or that it was impossible for him or thenj to take such measures . " $

r(p) in rule 22,—

,(i); for sub-rule (1) the following sub-rules shall be substituted, namely :-^

6 "(1) In the event of death of a passenger, or any bodily injury or wound suffered bv a passenger which results in a permanent disablement incapacitating him from engaging in or being occupied with his usual business or occupation, the liability of the earner for each passenger shall be R,. 1,00,000, if the passenger be 12 or more years of age and Rs. 50,000, if the passenger be below 12 years of age on the date of the accident ;

,(IA) In the event of wounding of a passenger or any bodily injury suffered by the pass- enger which results in a temporary disablement entirely preventing an infured passenger from attending to his usual business or occupation or duties, the liability of the carrier for each passenger shall be limited to a sum calculated at the rate of Rs. 100 per day for every day during which he continues to be so disabled or a sum of Rs. 20,000, whichever is less *

fii) in clause (a) of sub-rule (2) for the figures and words "250 francs", the words Njupee s one hundred and twenty-five " shall be substituted ;

(iii) in sub-rule (3) for the figures and words "5,000 francs"; the words "rupees five hundred" shall be substituted ;

(iv) sub-rule (5) shall be omitted ;

(q) in rule 23, in sub-rule (1) for the words "any provision " the words "any provision in a contract of carriage " shall be substituted ;

(r) in rule 27,—

fi) in sub-rule (1) for the word "document", the word "contract " shall be substituted;

(,ii) in sub-rule (3), for the words "in writing upon the document of carriage or by separate'*' the word "by" shall be substituted ;

(s) rule 29 shall be omitted ;

(t) in rule 32, in sub-rule (2) for the words "inserting in the document of air carriage ," th words" a "agreeing to special " shall be substituted ;

(u) for rule 33 the following rule shall be substituted, namely :—

"33. Any clause contained in the contract and any special agreement entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule shall be null and void. Nevertheless, for the carriag of cargo, arbitration clauses arc allowed subject to these rules ";

i.v) in rule 34 for the word 'regulations';, the word "stipulations" shall be substituted ;

(w) rule 35 is omitted.

NOTE :—The provisions of sections 4,5 and 6 and the rules contained in the Second Schedule as 80 excepted, adopted and modified arc for the convenience of reference set ou in the Annexurc to this notification.

ANNEXURE

(Sections 4, 5 and 6 and Schedule II as excepted, adopted and modified .)

4.(1) Omitted. 4.(2) • • • • • • . • Omitted. 4.(3) . . . . . .. Omitted.

4. (4) Any reference in the Second Schedule, as applicable to carriage by air not being inter- national carriage by air, to agents of the carreer shall be construed as including a reference to servants of the carrier,

5. (1) Notwithstanding anything contained in the Indian Fatal Accidents Act, 1855 or an., other enactment or rule of law in force in any part of India, the rules contained in the Secon^ Schedule as applicable to the carriage by air, not being international carriage by air, shall, in a^ cases to which those rules apply, determine the liability of a carrier in respect of the death of a pass_ enger.

(2) The liability shall be enforceable for the benefit of such of the members of the passener⁸ family as sustained damage by reason of his death.

Explanation.—In this sub-section, the expression 'member of a family' means wife or hus- band, parent, step-parent, grand-parent, brother, sister, half-brother, half-sister, child, step-child and grand child :

Provided that in deducing any such relationship as aforesaid any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of nis mother and reputed lather or, as the case may be, of his adopters,

("3) An action to enforce the liability may be brought by the personal representative of the paRsenger or by any person for whose benefit the liability is under sub-section (2) enforceable 1 but only one action shall be brought in India in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in India or not being domiciled there express a desire to take the- benefit of the action.

(4) Subject to the provisions of sub-section (5), the amount recovered in anq s:ch action after deducting any costs not recovered from the defendant, shall be divided between the persona cntitleffin such proportion as the Court may direct.

(5) The Court before which any Buch action is brought may, at any stage of the proceedings make any such order as appears to the Court to be just and equitahle in view of the provisions of the Second Schedule, as applicable to carriage by air not being international carriage by air limiting the liability of a carrier,

THE SECOND SCHEDULE

(As applica ble to carriage by air bot being international carriage)

RULES

CHAPTER I

SCOPE

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

(2) Omitted,

(3) For the purposes of these rules, 'carriage by air not being international carriage means any carriage in which according to the intention of the parties, the place of departure and the place of destination arc both situated in India and there is no agreed stopping placr outsidi I ni ja

(4) Carriage to be performed by several successive air cirrisrs is d;ain;i, for th; purposes of these rules ,to be one undivided carriage, if it has been regarded by the parties as a single operation.

2. These rules do not apply—

(i) to carriage by air in any aircraft belonging to, or exclusively emplooyed for the purposes of the armed forces of the Union :

(ii) to carriage by air, performed by the Government, whether Central or State; (iii) to carriage of mails ; (iv) to carriage by air of persons performid for th; pjrp:n: of training of such persons;

(v) to carriage b/ aircraft belonging to or operated by the Civil Aviation Training Centre of the Government of India or a Club, whose main purpose is to impart training in flying or gliding, whether such aircraft is engaged in carrying persons for the purposes of training or Otherwise j

(vi) to carriage of cargo or persons perormed for the purpose of dropping goods from an aircraft ;

(vii) to carriage of employees of the carrier when they are carried for the purpose of per- forming any duties assigned to them by the carrier on the aircraft.

CHAPTER II

DOCUMENTS OF CARRIAGE

Parts I and II containing rules 3 and 4 omitted.

PART III—Air-way-bill

5. (1) Every carrier of cargo has a right to require the consigner to mike out and hand over -to him an air-way-bill.

(2) The absence or loss of this document do:s not affect the existence or the vailidity of the contract or carriage which shall be nonetheless governed by these rules.

6. Omitted.

7. The carrier of cargo has theright to require the consigner to mik? out separata "air-way- bill when there is more then one package.

8. Omitted.

9. Omitted.

10. (i) The consignor is responsible for the correctness of tha particulars and statement relating to the Cargo which he inserts in the air-way-bill, if any.

(2) The consignor shall indemnify the carrier against all damage suffered by him. or by* any other person to whom the carrier is liable by reason of incorrectness or incompleteness of the parti- culars and statements furnished by the consignor.

IT. (1) The air-way-bill, if any, is prima fade evidence of the conclusion of the contract of the receipt of the cargo and the conditions of carriage.

(2) Any statements in the air-way-bill relating to the wcightj imensions and packing of the cargo or relating to number of packages, are prima facie evidence of the facts stated; any such statements relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air-way-bill to have been checked by him in the presence of the consignor, or relate 10 the apparent Condition of the cargo.

12. (1) Subject to his liability to carry out all his obligations under the contract of' carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on anylandlng, or by callin for it to be delivered at the place of destination or In the course of journey to a person other than the original consignee or by requiring it to be rctiurned to the aerodrome of departure., He must not exercise this right of disposition in such a way as to prejudice the carrier or other consig- nors and he must repay any expenses occasioned by the exercise of this right.

12. (2) If it is impossible to carry out the orders ofthe consignor, the carrier must 30 inform him forthwith.

12. (3) Omitted.

12. (4) The right conferred on the consignor ceases at the moment when that of the con- signee begins in accordance with rule 13. Nevertheless, if the consignee declines to accept the air-way-bill, if any, or the cargo, or if it cannot be communicated with, the consignor resumes. his right of disposition.

13. (1) Except In the circumstances set out in the preceding rule, the consignee is entitled on arrival of the cargo at the place of destination to require the carrier to deliver the cargo to him, on payment of the charges due and on complying with the conditions of the contract of carriage

13. 3. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

(3) If the carrier admits the loss of the cargo, or if the cargo has npt arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entiled to put into force against the carrier the rights which flow from the contract of carriage,

14. The consignor and the consignee can respectively enforce all the rights given to them by rules 12 and 13, each in hia own name, whether he is acting in his own interest or In the interest of another, provided that he carries out the obligations imposed by the contract.

15. (j) Rules 12,13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the con- signor or from the consignee.

(2) The provisions of rules 12, 13 and 14 can only be varied by express provisions in the air- way-bill or by written agreement between the parties to that effect.

(3) Nothing in these rules prevents the issue of a negotiable air-way-bill, if any. 16. The consignor must furnish such information and documents as are necessary to mee* the formalities of customs, excise, octroi or police before the cargo can be delivered to the consignee The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or Irregularity of any such information or documen ts, unless the damage is due to the fault of the carrier or hk servants or agents.

(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

CHAPTER III

LIABILITY OF THE CARRIER

17. The carrier Is llabl for damage sustained in the event of the death or w.iunJin? of a passenger or any other bodily injury suffered by a passenger, if the accident which cause d the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

18. (1) The carrier is liable for damage sustained In the event of the destruction or loss of, or-qf damage to, any registered baggage or any cargo, if the occurence which caused tho damage BO sustained took place during the carriage by air.

(2) The carriage by air within the meaning of the preceding sub-rule comprises the period during which the baggage or cargo isin change of the carier, which in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsover.

(3) The period of the carriage by air does not extend to any carriage by land, by sea or by rivet performed outside an aerodrome. If, however, auch a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.

19. In the absence of a contract to the contrary, the carrier Is not to be liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.

20. In the carriage of baggage and cargo the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or In navigation and that, in all other respects, he and his agents have taken all necesary measures to avoid the damage or that it was impossible for him or them to take such measures.

21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.

22. (1) In the event of death of a passenger, or any bodily injury or wound suffered by a passenger which results in a permanent disablement incapacitating him from engaging in or being occupied with his UBUBI business or occupation, the liability of the carrier for each passe- nger shall be Rs. i,oo,ooo/~ if the passenger be 12 or more years of age and Rs. 50,000/- if the passenger be below 12 years of age on the date of the accident ;

(1) (a) In the event of wounding of a passenger or any bodily injury suffered by the passenger which results in a temporary disablement entirely preventing an injured passenger from attending to his usual business or occupation or duties, the liability of the carrier for each passenger shall be limited to a sum calculated at the rate of Rs. 100/- per day for every day during which he continues to be so disabled or a sum of Rs. 20,000/- whichever is less.

(2) (a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of Rupees one hundred and twenty-five per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interest in deliv- ery at destination. j

(b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of en object contained therein, affects the value of other packages covered by the same baggage check or the same air-way -bill the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

(3) As regards objects of which the passenger takes charge himself the liability ot the carrier is limited to rupees five hundred per passenger.

(4) The limits prescribed in this rule shall not prevent tne iJourt irom awarding, in accordance with its own law, in addition, the whole or part of the Court costs and of the other expenses of litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damage awarded, excluding. Court costs and other expenses of the litigation, does not exceed the Btim which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

(5) Omitted.

33. (1) Any provision in a contract of carriage tending to relieve the carrier of liabi- lity or to fix a lewer limit than that which iB laid down in these rules shall be null and void) but the nullity of auy such provision does not involve the nullity of the whole contract which shall remain subject to the provisions of these rules.

(2) Sub-rule (1) of this rule shall not apply to provisions governing IOBB or damage resulting from the inherent defect, quality or vice or the cargo carried.

24. (1) In the cases covered by rules 18 and 19 any action for damages, however found- ed, can only be brought subject to the conditions and limits set out in these rules.

(2) In the cases covered by the rule 17 the provisions of the preceding sub-rule also apply, without prejudice to the questions as to who are the persons who have ths right to bring suit and what are their respective rights.

25. The limits of liability specified in rule 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent ta cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.

26. (1) If a action is brought against a servant or agent of the carrier arising out of damage to which these rules relate, such servant or agent, if he proves that he acted within the' scope of MB employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under rule 22.

(2) The aggregate of the amounts recoverable from the carrier, his servants and agents in that Cant, shall not exceed the said limits.

(3) The provisions of sub-rules (1) and (2) of thiB rule shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result,

27. (1) Receipt by the person entitled to delivery of baggage or cargo without com- plaint is prima facie evidence that the same has been delivered in good condition and in accor- dance with the contract of carriage.

(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal.

(3) Every complaint be made by notice in writing despatched within the tim;s afore- aid.

(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.

28. In the case of the death of the person liable, an action for damages lies in accordance with the terms of these rules against those legally representing his estate.

29. Omitted.

30. (1) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date of which the carriage stopped.

(2) The method of calculating the period of limitation shall be determined by the law of the Court seized of the case.

31. (1) In the case of carriage to be performed by various successive carriers and fall- ing within the definition set out in sub-rule (3) of rule :, each carrier who accepts passengers baggage or cargo is subjected to the rules set out in this Schedule, and Is dcemid to be one of the contracting parties to the contract of the carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.

(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first earner has assumed liability for the whole journey.

(3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the first carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the pasengcr or to the consignor or consignee .

CHAPTER IV

PROVISIONS RELATING TO COMBINED CARRIAGE

32. (1) In the case of combined carriage performsd partly by air and partly by any •other mode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the carriage by air, falls within the terms of rule 1.

(2) Nothing in this Schedule shall prevent the pirties in th: cise of coinbin"i car- riage from agreeing to special conditions relating to oth:r m:>i:9 of cirriag:, provided that the [provisions of this Schedule are observed as regards the carriage by air.

CHAPTER V

GENERAL AND FINAL PROVISION S

33. Any clause contained in the contract and any special agreement entered into b cfore the damage occurred by which the parties purport to infringe the rules laid down by this Schedule shall be null and void. Nevertheless, for the carriage of cargo, arbitration clauses are allowed subject to these rules.

34. Nothing contained in this Schedule shall prevent the carrier eith:r fro.n rat'minj to enter into any contract of carriage, or from miking stipulations which do njt enfiict wich tin [provision* of this Schedule.

35. Omitted.

36. The expression "days" when used in these rules means current days, not working days.

[No. Av. 11012/8/72-A]

N. KHOSLA, Jt Secy.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEVlT DEIiHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 73