AIRCRAFT MANUAL (INDIA) VOLUME II (2003)

THE AIRPORTS AUTHORITY OF INDIA ACT, 1994

Chap. VI

(k) prohibiting or restricting access to any

43. Rules and regulations to be laid before

part of the airport or civil enclave;

parliament.- Every rule and every regulation

made under this Act shall be laid, as soon as may

(l) preserving order within the airport or

be after it made, before each House of

civil enclave and preventing damage to

Parliament, while it is in session, for a total

property therein;

period of thirty days which may be comprised

(m) regulating or restricting advertising

in one session or in two or more successive

within the airport or civil enclave;

sessions, and if, before the expiry of the session

immediately following the session or the

(n) requiring any person, if so directed by an

successive sessions aforesaid, both Houses

officer appointed by the Authority in

agree in making any modification in the rule or

this behalf, to leave the airport or civil

regulation, as the case may be, or both Houses

enclave or any particular part of the

agree that the rule or regulation, as the case may

airport or civil enclave; and

be, should not be made, the rule or regulation

(o) generally for the efficient and proper

shall thereafter have effect only in such modified

management of the airport or civil

form or be of no effect, as the case may be; so,

enclave.

however, that any such modification or

annulment shall be without prejudice to the

(3) Any regulation made under any of the

validity of anything previously done under that

clauses (h) to (o) (both inclusive) of sub-section

rule or regulation.

(2) may provide that a contravention thereof

shall be punishable with fine which may extend

44. Power to remove difficulties.- (1)

to five hundred rupees and in the case of a

If any difficulty arises in giving effect to the

continuing contravention with an additional fine

provisions of this Act, the Central Government

which may extend to twenty rupees for every

may, by general or special order published in

day during which such contravention continues

the Official Gazette, make such provisions not

after conviction for the first such contravention.

inconsistent with the provisions of this Act as

appear to it to be necessary or expedient for the

(4) No regulation made by the Authority

removal of the difficulty:

under this section shall have effect until it has

been approved by the Central Government and

Provided that no such order shall be made

published in the Official Gazette.

after the expiration of one year from the

commencement of this Act.

(5) Notwithstanding anything contained in

this section, the first regulations under this Act

(2) Every order made under sub-section (1)

shall be made by the Central Government and

shall be laid, as soon as may be after it is made,

shall have effect on being published in the

before each House of Parliament, while it is in

official Gazette.

session, for a total period of thirty days which

may be comprised in one session or in two or

(6) The first regulations framed under sub-

more successive sessions, and if, before the

section (5) shall remain in force until such time

expiry of the session immediately following

the Authority has made regulations and they are

the session or the successive sessions aforesaid,

published in the Official Gazette.

both Houses agree in making any modification

THE AIRPORTS AUTHORITY OF INDIA ACT, 1994

Chap. VI

in the order or both Houses agree that the order

46. Repeal and saving - (1) On and from

should not be made, the order shall thereafter

the appointed date,-

have effect only in such modified form or be of

(i) the International Airports Act, 1971 and

no effect, as the case may be; so, however, that

the National Airports Authority Act,

any such modification or annulment shall be

1985 shall stand repealed;

without prejudice to the validity of anything

previously done under that order.

(ii) the International Airports Authority and

the National Airports Authority

45. Amendment of Act 22 of 1934.- In

constituted under the aforesaid Acts shall

section 5 of the Aircraft Act, 1934, in sub-

cease to exist.

section (2),-

(2)Notwithstanding such repeal anything

(a) in clause (b), for the words and figures

done or any action taken or purported to have

“the International Airports Authority Act,

been done or taken under the aforesaid Acts

1971 or the National Airports authority

so repealed shall, in so far as it is not

Act, 1985” the words and figures “ the

inconsistent with the provisions of this Act,

Airports Authority of India Act, 1994”

be deemed to have been done or taken under

shall be substituted;

the corresponding provisions of this Act.

(b) proviso to clause (b) shall be omitted.

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THE CARRIAGE BY AIR ACT, 1972

CHAP. VII

CHAPTER VII

THE CARRIAGE BY AIR ACT,

1972

(69 of 1972)

An Act to give effect to the Convention for

3. Application of Convention of India-

the unification of certain rules relating to

(1) The rules contained in the First Schedule,

international carriage by air signed at Warsaw

being the provisions of the Convention relating

on the 12th day of October, 1929 and to the said

to the rights and liabilities of carriers,

Convention as amended by the Hague Protocol

passengers, consignors, consignees and other

on the 28th day of September, 1955 and to

persons, shall, subject to the provisions of this

make provision for applying the rules contained

Act, have the force of law in India in relation to

in the said Convention in its original form and

any carriage by air to which those rules apply,

in the amended form (subject to exceptions,

irrespective of the nationality of the aircraft

adaptations and modification) to non-

performing the carriage.

international carriage by air and for matters

(2) The Central Government may, by

connected therewith.

notification in the Official Gazette, certify who

Be it enacted by Parliament in the Twenty-

are the High Contracting Parties to the

third Year of the Republic of India as follows:-

Convention, in respect of what territories they

are parties and to what extent they have availed

1. Short title, extent and commencement

themselves of the provisions of rule 36 in the

- (1) This Act may be called the Carriage by

First Schedule and any such notification shall

Air Act, 1972.

be conclusive evidence of the matters certified

(2) It extends to the whole of India.

therein.

(3) It shall come into force on such date as

(3) Any reference in the First Schedule to

the Central Government may, by notification in

the territory of any High contracting Party to

the Official Gazette, appoint.

the Convention shall construed as a reference

to all the territories in respect of which he is a

2. Definitions - In this Act, unless the

party.

context otherwise requires, -

(4) Any reference in the First Schedule to

(1) “amended Convention” means the

agents of the carrier shall be construed as

Convention as amended by the Hague

including a reference to servants of the carrier.

Protocol on the 28th day of September

1955;

(5) Every notification issued under sub-

section (2) of section 2 of the Indian Carriage

(2) “Convention” means the Convention for

by Air Act, 1934 (20 of 1934) and in force

the unification of certain rules relating

immediately before the commencement of

to international carriage by air signed at

this Act shall be deemed to have been issued

Warsaw on the 12th day of October,

under sub-section (2) of this section and shall

1929.

continue to be in force until such notification

is superseded.

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CHAP. VII

4. Application of amended Convention

wife or husband, parent, step-parent,

to India - (1) The rules contained in the

grand-parent, brother, sister, half-

Second Scheduled, being the provisions of the

brother, half-sister, child, step- child

amended Convention relating to the rights and

and grand-child :

liabilities of carriers , passengers, consignors,

Provided that in deducing any such

consignees and other persons shall, subject to

relationship as aforesaid any illegitimate person

the provisions of this Act, have the force of law

and any adopted person shall be treated as being,

in India in relation to any carriage by air to

or as having been, the legitimate child of his

which those rules apply, irrespective of the

mother and reputed father or, as the case may

nationality of the aircraft performing the

be, of his adopters.

carriage.

(3) An action to enforce the liability may be

(2) The Central Government may, by

brought by the personal representative of the

notification in the Official Gazette, certify who

passenger or by any person for whose benefit

are the High Contracting Parties to the amended

the liability is under sub-section (2) enforceable,

Convention and in respect of what territories

but only one action shall be brought in India in

they are parties, and any such notification shall

respect of the death of any one passenger, and

be conclusive evidence of the matters certified

every such action by whomsoever brought shall

therein.

be for the benefit of all such persons so entitled

(3) Any reference in the Second Schedule

as aforesaid as either are domiciled in India or

to the territory of any High Contracting party to

not being domiciled there express a desire to

the amended Convention shall be construed as

take the benefit of the action.

a reference to all the territories in respect of

(4) Subject to the provisions of sub- section

which he is party.

(5), the amount recovered in any such action,

(4) Any reference in the Second Schedule

after deducting any costs not recovered from

to agents of the carrier shall be construed as

the defendant, shall be divided between the

including a reference to servants of the carrier.

persons entitled in such proportion as the

Court may direct.

5. Liability in case of death - (1)

Notwithstanding any thing contained in the Fatal

(5) The Court before which any such action

Accidents Act, 1855 (13 of 1855) or any other

is brought may, at any stage of the proceedings,

enactment or rule of law, in force in any part of

make any such order as appears to the Court to

India, the rules contained in the First Schedule

be just and equitable in view of the provisions

and in the Second Schedule shall, in all cases to

of the First Schedule or of the Second Schedule,

which those rules apply, determine the liability

as the case may be, limiting the liability of a

of a carrier in respect of the death of a passenger.

carrier and of any proceedings which have been

or are likely to be commenced outside India in

(2) The liability shall be enforceable for the

respect of the death of the passenger in question.

benefit of such of the members of the

passenger’s family as sustained damage by

6. Conversion of francs - Any sum in

reason of his death.

francs mentioned in rule 22 of the First Schedule

or of the Second Schedule, as the case may be,

Explanation. - In this sub-section, the

expression “ member of a family” means

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THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

shall, for the purpose of any action against a

exceptions adaptations and modifications, if

carrier, be converted into rupees at the rate of

any, as may be so specified.

exchange prevailing on the date on which the

(2) The Central Government may, by

amount of damages to be paid by the carrier is

notification in the Official Gazette, apply the

ascertained by the Court.

rules contained in the Second Schedule and any

7. Provisions regarding suits against

provision of section 4 or section 5 or section 6

High Contracting Parties who undertake

to such carriage by air, not being international

carriage by air - (1) Every High Contracting

carriage by air as defined in the Second Schedule,

Party to the Convention for the amended

as may be specified in the notification, subject,

Convention, as the case may be, who has not

however, to such exceptions, adaptations and

availed himself of the provision, of the

modifications, if any, as may be so specified.

Additional Protocol thereto shall, for the

(3) Every notification issued by the Central

purposes of any suit brought in a Court in India

Government under section 4 of the Indian

in accordance with the provisions, or rule 28 of

Carriage by Air Act, 1934 (20 of 1934) and in

the First Schedule, or of the Second Schedule,

force immediately before the commencement

as the case may be, to enforce a claim in respect

of this Act shall be deemed to have been issued

of carriage undertaken by him be deemed to

under sub-section (1) and shall continue to be

have submitted to the jurisdiction of that Court

in force until such notification is superseded.

and to be person for the purposes of the Code of

Civil Procedure, 1908 (5 of 1908).

9. Repeal -The Indian Carriage by Air Act,

1934 (20 of 1934) is hereby repealed.

(2) The High Court may make rules of

procedure providing for all matters which may

THE FIRST SCHEDULE

be expedient to enable such suits to be instituted

(See Section 3)

and carried on.

Rules

(3) Nothing in this section shall authorise

any Court to attach or sell any property of a

CHAPTER I

High Contracting Party to the Convention or to

the amended Convention.

Scope - Definitions

8. Application of Act to carriage by air

1. (1) These rules apply to all international

which is not international - (1) The Central

carriage of persons, luggage or goods performed

Government may, by notification in the Official

by aircraft for reward. They apply also to such

Gazette, apply the rules contained in the First

carriage when performed gratuitously by an air

Schedule and any provision of section 3 or

transport undertaking.

section 5 or section 6 to such carriage by air,

(2) In these rules “ High Contracting party”

not being international carriage by air as defined

means a High Contracting Party to the

in the First Schedule, as may be specified in the

Convention.

notification, subject, however, to such

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SCHEDULE I

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CHAP. VII

(3) For the purpose of these rules the

CHAPTER II

expression, “ international carriage” means any

Documents of carriage

carriage in which according to the contract

made by the parties, the place of departure and

Part I- Passenger ticket

the place of destination, whether or not there

3. (1) For the carriage of passengers the

be a break in the carriage or a transshipment,

carrier must deliver a passenger ticket which

are situated either within the territories of two

shall contain the following particulars :-

High Contracting Parties, or within the territory

of a single High Contracting Party , if there is

(a) the place and date of issue ;

an agreed stopping place within a territory

(b) the place of departure and of destination;

subject to the sovereignty, suzerainty, mandate

or authority of another Power, even though that

Power is not a party to the Convention. A

that the carrier may reserve the right to

carriage without such an agreed stopping place

alter the stopping places in case of

between territories subject to the sovereignty,

necessity, and that if he exercises that

suzerainty, mandate or authority of the same

right, the alteration shall not have the

High Contracting Party is not deemed to be

effect of depriving the carriage of its

international for the purposes of these rules.

international character;

(4) A carriage to be performed by several

(d) the name and address of the carrier or

successive air carriers is deemed, for the

carriers;

purposes of these rules, to be one undivided

(e) a statement that the carriage is subject to

carriage, if it has been regarded by the parties as

the rules relating to liability contained

a single operation, whether it has been agreed

in this Schedule.

upon under the form of a single contract or of

a series of contracts, and it does not loose its

(2) The absence, irregularity or loss of the

international character merely because one

passenger ticket does not affect the existence

contract or a series of contracts is to be

or the validity of the contract of carriage, which

performed entirely within a territory subject to

shall none the less be subject to these rules.

the sovereignty, suzerainty, mandate or authority

Nevertheless, if the carrier accepts a passenger

of the same High Contracting Party.

without a passenger ticket having been delivered

he shall not be entitled to avail himself of those

(1) These rules apply to carriage

provision of his Schedule which exclude or

performed by the State or by legally constituted

limit his liability.

public bodies provided it falls within the

conditions laid down in rule 1.

Part II - Luggage ticket

(2) These rules do not apply to carriage

4. (1) For the carriage of luggage, other than

performed under the terms of any international

small personal objects of which the passenger

postal Convention.

take charge himself, the carrier must deliver a

luggage ticket.

(2) The luggage ticket shall be made out in

duplicate, one part for the passenger and the

other part for the carrier.

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SCHEDULE I

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BY AIR ACT, 1972

CHAP. VII

(3) The luggage ticket shall contain the

subject to the provisions of rule, 9, be none the

following particulars :-

less governed by these rules.

(a) the place and date of issue ;

(1) The air consignment note shall be

made out by the consignor in three original

(b) the place of departure and of destination;

parts and be handed over with the goods.

(2) The first part shall be marked “ for the

carriers;

carrier” and shall be signed by the consignor.

(d) the number of the passenger ticket;

The second part shall be marked “for the

consignee”; it shall be signed by the consignor

(e) a statement that delivery of the luggage

and by the carrier and shall accompany the

will be made to the bearer of the luggage

goods. The third part shall be signed by the

ticket;

carrier and handed by him to the consignor after

(f) the number and weight of the packages;

the goods have been accepted.

(g) the amount of the value declared in

(3) The carrier shall sign an acceptance of

accordance with rule 22(2);

the goods.

(h) a statement that the carriage is subject to

(4) The signature of the carrier may be

the rules relating to liability contained

stamped; that of the consignor may be printed

in this Schedule.

or stamped.

(4) The absence, irregularity or loss of the

(5) If , at the request of the consignor, the

luggage ticket does not affect the existence or

carrier makes out the air consignment note, he

the validity of the contract of carriage, which

shall be deemed, subject to proof to the contrary,

shall none the less be subject to those rules.

to have done so on behalf of the consignor.

Nevertheless, if the carrier accepts luggage

7. The carrier of goods has the right to

without a luggage ticket having been delivered,

require the consignor to make out separate

or if the luggage ticket does not contain the

consignment notes when there is more than one

particulars set out at (d), (f) and (h) of sub-rule

package.

(3), the carrier shall not be entitled to avail

himself of those provisions of the Schedule

8. The air consignment note shall contain

which exclude or limit his liability.

the following particulars :-

Part III - Air consignment note

(a) the place and date of its execution;

5. (1) Every carrier of goods has the right to

(b) the place of departure and of destination;

require the consignor to make out and hand

over to him a document called an “ air

the carrier may reserve the right to alter

consignment note”; every consignor has the

the stopping places in case of necessity,

right to require the carrier to accept this

and that if he exercises that right the

document.

alteration shall not have the effect of

(2) The absence, irregularity or loss of this

depriving the carriage of its international

document does not affect the existence or the

character;

validity of the contract of carriage which shall,

107

SCHEDULE I

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

(d)

the name and address of the consignor;

himself of the provisions of this schedule which

exclude or limit his liability.

(e)

the name and address of the first carrier;

10. (1) The consignor is responsible for the

(f)

the name and address of the consignee,

correctness of the particulars and statements

if the case so requires;

relating to the goods which he inserts in the air

(g)

the nature of the goods;

consignment note.

(h)

the number of the packages, the method

(2) The consignor will be liable for all damage

of packing and the particular marks of

suffered by the carrier or any other person by

numbers upon them;

reason of the irregularity, incorrectness or

incompleteness of the said particulars and

(i)

the weight, the quantity and the volume

statements.

or dimensions of the goods;

11. (1) The air consignment note is prima

(j)

the apparent condition of the goods and

facie evidence of the conclusion of the contract

of the packing;

of the receipt of the goods and of the conditions

(k)

the freight, if it has been agreed upon,

of carriage.

the date and place of payment, and the

(2) The Statements in the air consignment

person who is to pay it;

note relating to the weight, dimensions and

(l)

if the goods are sent for payment on

packing of the goods, as well as those relating

delivery, the price of the goods, and if

to the number of packages, are prima facie

the case so requires, the amount of the

evidence of the facts stated; those relating to

expenses incurred;

the quantity, volume and conditions of the goods

do not constitute evidence against the carrier

(m) the amount of the value declared in

except so far as they both have been, and are

accordance with rule 22(2);

stated in the air consignment note to have been

(n)

the number of parts of the air

checked by him in the presence of the consignor,

consignment note;

or relate to the apparent condition of the goods.

(o)

the document handed to the carrier to

12. (1) Subject to his liability to carry out

accompany the air consignment note;

all his obligations under the contract of carriage,

the consignor has the right to dispose of the

(p)

the time fixed for the completion of the

goods by with drawing them at the aerodrome

carriage and a brief note of the route to

of departure or destination, or by stopping them

be followed, if these matters have been

in the course of the journey on any landing or,

agreed upon;

by calling for them to be delivered at the place

(q)

a statement that the carriage is subject to

of destination or in the course of the journey to

the rules relating to liability contained

a person other than the consignee named in the

in this Schedule.

air consignment note, or by requiring them to

be returned to the aerodrome of departure. He

9. If the carrier accepts goods without an air

must not exercise the right of disposition in

consignment note having been made out, or if

such a way as to prejudice the carrier or other

the air consignment note does not contain all

consignors and he must repay any expenses

the particulars set out in rule 8 (a) to (i) inclusive

occasioned by the exercise of this right.

and (q), the carrier shall not be entitled to avail

108

SCHEDULE I

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BY AIR ACT, 1972

CHAP. VII

(2) If it is impossible to carry out the orders

by rules 12 and 13, each in his own name,

of the consignor the carrier must so inform him

whether he is acting in his own interest or in the

forthwith.

interest of another, provided that he carriers

out the obligations imposed by the contract.

(3) If the carrier obeys the orders of the

consignor for the disposition of the goods

15. (1) Rules 12, 13, and 14 do not affect

without requiring the production of the part of

either the relations of the consignor or the

the air consignment note delivered to the latter,

consignee, with each other or the mutual

he will be liable, without prejudice to his right

relations of third parties whose rights are

of recovery from the consignor, for any damage

derived either from the consignor or from the

which may be caused thereby to any person who

consignee.

is lawfully in possession of that part of the air

(2) The provisions of rules 12, 13 and 14

consignment note.

can only be varied by express provision in the

(4) The right conferred on the consignor

air consignment note.

ceases at the moment when that of the consignee

16. (1) The consignor must furnish such

begins in accordance with rule 13. Nevertheless,

information and attach to the air consignment

if the consignee declines to accept the

note such documents as are necessary to meet

consignment note or the goods, or if he cannot

the formalities of customs, octroi or police

be communicated with, the consignor resumes

before the goods can be delivered to the

his rights of disposition.

consignee. The consignor is liable to the carrier

13. (1) Except in the circumstances set out

for any damage occasioned by the absence, in

in rule 12, the consignee is entitled, on arrival

sufficiency or irregularity of any such

of the goods at the place of destination, to

information or documents, unless the damage

require the carrier to hand over to him the air

is due to the fault of the carrier or his agents.

consignment note and to deliver the goods to

(2) The carrier is under no obligation to

him, on payment of the charges due and on

enquire into the correctness or sufficiency of

complying with the conditions of carriage set

such information or documents.

out in the air consignment note.

CHAPTER III

(2) Unless it is otherwise agreed it is the

duty of the carrier to give notice to the consignee

LIABILITY OF THE CARRIER

as soon as the goods arrive.

17. The carrier is liable for damage sustained

(3) If the carrier admits the loss of the

in the event of the death or wounding of a

goods, or if the goods have not arrived at the

passenger or any other bodily injury suffered

expiration of seven days after the date on which

by a passenger, if the accident which caused the

they ought to have arrived, the consignee is

damage so sustained took place on board the

entitled to put into force against the carrier the

aircraft or in the course of any of the operations

rights which flow from the contract of carriage.

of embarking or disembarking.

14. The consignor and the consignee can

18. (1) The carrier is liable for damage

respectively enforce all the rights given to them

sustained in the event of the destruction or loss

of, or of damage to, any registered luggage or

109

SCHEDULE I

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

any goods, if the occurrence which caused the

22. (1) In the carriage of passengers the

damage so sustained took place during the

liability of the carrier for each passenger is

carriage by air.

limited to the sum of 1,25,000 francs. Where

damages may be awarded in the form of

(2) The carriage by air within the meaning of

periodical payments, the equivalent capital value

sub-rule (1) comprises the period during which

of the said payments shall not exceed 1,25,000

the luggage or goods are in charge of the

francs. Nevertheless, by special contract the

carrier, whether in an aerodrome or on board an

carrier and the passenger may agree to a higher

aircraft, or in the case of a landing outside an

limit of liability.

aerodrome, in any place whatsoever.

(2) In the carriage of registered luggage and

(3) The period of the carriage by air does

of goods, the liability of the carrier is limited to

not extend to any carriage by land, by sea or by

a sum of 250 francs per kilogram, unless the

river performed outside an aerodrome. If

consignor has made, at the time when the package

however, such a carriage takes place in the

was handed over to the carrier, a special

performance of a contract for carriage by air,

declaration of the value at delivery and has paid

for the purpose of loading, delivery or

a supplementary sum it the case so requires. In

transshipment, any damage is presumed, subject

that case the carrier will be liable to pay a sum

to proof to the contrary, to have been the result

not exceeding the declared sum, unless he proves

of an event which took place during the carriage

that sum is greater than the actual value to the

by air.

consignor at delivery.

19. The carrier is liable for damage

(3) As regards objects of which the

occasioned by delay in the carriage by air of

passenger takes charge himself the liability of

passengers, luggage or goods.

the carrier is limited to 5,000 francs per

20. (1) The carrier is not liable if he proves

passenger.

that he and his agents have taken all necessary

(4) The sums mentioned in this rule shall be

measures to avoid the damage or that it was

deemed to refer to the French franc consisting

impossible for him or them to take such

of sixty-five and a half milligrams gold of

measures.

millesimal fineness nine hundred.

(2) In the carriage of goods and luggage the

23. Any provision tending to relieve the

carrier is not liable if he proves that the damage

carrier of liability or to fix a lower limit than

was occasioned by negligent pilotage or

that which laid down in these rules shall be null

negligence in the handing of the aircraft or in

and void, but the nullity of any such provision

navigation and that, in all other respects, he and

does not involve the nullity of the whole contract

his agents have taken all necessary measures to

which shall remain subject to the provisions of

avoid the damage.

this Schedule.

21. If the carrier prover that the damage was

24. (1) In the cases covered by rules 18 and

caused by or contributed to by the negligence

19 any action for damages, however founded,

of the injured person the Court may exonerate

can only be brought subject to the conditions

the carrier wholly or partly from his liability.

and limits set out in this Schedule.

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SCHEDULE I

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

(2) In the cases covered by rules 17, the

aforesaid, no action shall lie against the carrier,

provisions of sub-rule (1) also apply, without

save in the case of fraud on his part.

prejudice to the questions as to who are the

27. In the case of the death of the person

persons who have the right to bring suit and

liable, an action for damages lies in accordance

what are their respective rights.

with these rules against those legally

25. (1) The carrier shall not be entitled to

representing his estate.

avail himself of the provisions of this Schedule

28. An action for damages must be brought

which exclude or limit his liability, if the damage

at the option of the plaintiff, either before the

is caused by his wilful misconduct or by such

Court having jurisdiction where the carrier is

default on his part as is in the opinion of the

ordinarily resident, or has his principal place of

Court equivalent to wilful misconduct.

business, or has an establishment by which the

(2) Similarly the carrier shall not be entitled

contract has been made or before the Court

to avail himself of the said provisions, if the

having jurisdiction at the place of destination.

damage is caused as aforesaid by any agent of

29. The right of damages shall be

the carrier acting within the scope of his

extinguished if an action is not brought within

employment.

two years, reckoned from the date of arrival at

26. (1) Receipt by the person entitled to

the destination, or from the date on which the

delivery of luggage or goods without complaint

aircraft ought to have arrived, or from the date

is prima facie evidence that the same have been

on which the carriage stopped.

delivered in good condition and in accordance

30.

(1) In the case of carriage to be

with the document of carriage.

performed by various successive carriers and

(2) In the case of damage, the person entitled

falling within the definition set out in sub-rule

to delivery must complain to the carrier forthwith

(4) of rule 1, each carrier who accepts

after the discovery of the damage, and, at the

passengers, luggage or goods is subjected to

latest, within three days from the date of

the rules set out in this Schedule, and is deemed

receipt in the case of luggage and seven days

to be one of the contracting parties to the

from the date of receipt in the case of goods. In

contract of carriage in so far as the contract

the case of delay the complaint must be made

deals with that part of the carriage which is

at the latest within fourteen days from the date

performed under his supervision.

on which the luggage or goods have been placed

(2) In the case of carriage of this nature, the

at his disposal.

passenger or his representative can take action

(3) Every complaint must be made in writing

only against the carrier who performed the

upon the document of carriage or by separate

carriage during which the accident or the delay

notice in writing despatched within the time

occurred, save in the case where, by express

aforesaid.

agreement, the first carrier has assumed liability

for the whole journey.

(4) Failing complaint within the times

111

SCHEDULE I

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

(3) As regards luggage or goods, the

within one of the jurisdictions referred to in

passenger or consignor, will have the right of

rule 28.

actionagainst the first carrier, and the passenger

33. Nothing contained in this schedule

or consignee who is entitled to delivery will

shall prevent carrier either from refusing to

have a right of action against the last carrier, and

enter into any contract of carriage, or from

further, each may take action against the carrier

making regulations which do not conflict with

who performed the carriage during which the

the provisions of this Schedule.

destruction, loss, damage or delay took place.

These carriers will be jointly and severally

34. This Schedule does not apply to

liable to the passenger or to the consignor or

international carriage by air performed by way

consignee.

of experimental trial by air navigation

undertakings with the view to the establishment

CHAPTER IV

of a regular line of air navigation, nor does it

PROVISIONS RELATING TO

apply to carriage performed in extraordinary

COMBINED CARRIAGE

circumstances outside the normal scope of an

air carrier’s business.

31.

(1) In the case of combined carriage

performed partly by air and partly by any other

35. The expression “days” when used in

mode of carriage, the provisions of this Schedule

these rules means current days, not working

apply only to the carriage by air, provided that

days.

the carriage by air falls within the terms of rule

36. When a high Contracting Party has

declared at the time of ratification of or of

(2) Nothing in this Schedule shall prevent

accession to the Convention that sub-rule (1)

the parties in the case of combined carriage

of rule 2 of these rules shall not apply to

from inserting in the document of air carriage

international carriage by air performed directly

conditions relating to other modes of carriage,

by the State its colonies protectorates or

provided that the provisions of this Schedule

mandated territories or by any other territory

are observed as regards the carriage by air.

under its sovereignty, suzerainty or authority,

these rules shall not apply to international

CHAPTER V

carriage by air so performed.

GENERAL AND FINAL

THE SECOND SCHEDULE

PROVISIONS

(See Section 4)

32. Any clause contained in the contract and

all special agreements entered into before the

RULES

damage occurred by which the parties purport

CHAPTER 1

to infringe the rules laid down by this Schedule,

whether by deciding the law to be applied, or by

SCOPE-DEFINITIONS

altering the rules as to jurisdiction, shall be null

1. (1) These rules apply to all international

and void. Nevertheless for the carriage of goods,

carriage of persons, baggage or cargo performed

arbitration clauses are allowed, subject to these

by aircraft for reward. They apply equally to

rules, if the arbitration is to take place in the

gratuitous carriage by aircraft performed by an

territory of one of the High Contracting Parties

air transport undertaking.

112

SCHEDULE II

THE CARRIAGE BY AIR ACT, 1972

CHAP. VII

(2) In these rules, “High Contracting Party”

CHAPTER II

means a High Contracting Party to the amended

DOCUMENTS OF CARRIAGE

Convention.

Part I - Passenger ticket

(3) For the purposes of these rules, the

expression, “international carriage” means any

3. (1) In respect of the carriage of passengers

carriage in which, according to the agreement

a ticket shall be delivered containing:

between the parties, the place of departure and

(a) an indication of the places of departure

the place of destination, whether or not there be

and destination;

a break in the carriage or a transshipment, are

situated either within the territories of two

(b) if the places of departure and destination

High Contracting parties or within the territory

and within the territory of a single High

of a single High Contracting Party if there is an

Contracting Party one or more agreed

agreed stopping place within the territory of

stopping places being within the territory

another State, even if that State is not High

of another State, an indication of at least

Contracting Party. Carriage between two points

one such stopping place;

within the territory of a single High Contracting

Party with an agreed stopping place within the

passenger’s journey involves an ultimate

territory of another State is not international

destination or stop in a country other

carriage for the purposes of these rules.

than the country of departure, the

(4) Carriage to be performed by several

amended Convention may applicable and

successive air carriers is deemed, for the

that the amended Convention governs

purposes of these rules to be one undivided

and in most cases limits the liability of

carriage if it has been regarded by the parties as

carriers for death or personal injury and

a single operation, whether it had been agreed

in respect of loss of, or damage to,

upon under the form of a single contract or of

baggage.

a series of contracts, and it does not lose its

(2) The passenger ticket shall constitute

international character merely because one

prima facie evidence of the conclusion and

contract or a series of contracts is to be

conditions of the contract of carriage. The

performed entirely within the territory of the

absence, irregularity or loss of the passenger

same State.

tickets does not affect the existence or the

(1)

These rules apply to carriage

validity of the contract of carriage which shall,

performed by the state or by legally constituted

none the less, be subject to these rules.

public bodies provided it falls within the

Nevertheless, if, with the consent of the carrier,

conditions laid down in rule 1.

the passenger embarks without a passenger ticket

having been delivered, or if the ticket does not

(2) These rules shall not apply to carriage

include the notice required by sub-rule (1) (c)

of mail and postal packages.

of this rule, the carrier shall not be entitled to

avail himself of the provisions of rule 22.

113

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

Part II - Baggage check

he shall not be entitled to avail himself of the

provisions of sub-rule (2) of rule 22.

4. (1) In respect of the carriage of registered

baggage, a baggage check shall be delivered,

Part III - Air way bill

which, unless combined with or incorporated in

5. (1). Every carrier of cargo has the right to

a passenger ticket which complies with the

require the consignor to make out and hand over

provisions of sub-rule (1) of rule 3 shall contain

to him a document called an “air waybill”; every

consignor has the right to require the carrier to

(a) an indication of the places of departure

accept this document.

and destination;

(2) The absence, irregularity or loss of this

(b) if the places of departure and destination

document does not affect the existence or the

are within the territory of a single High

validity of the contract of carriage which shall,

Contracting Party, one or more agreed

subject to the provisions of rule 9, be none the

stopping places being within the territory

less governed by these rules.

of another State, and indication of at

6. (1) The air waybill shall be made out by

least one such stopping place;

the consignor in three original parts and be

handed over with the cargo.

involves an ultimate destination or stop

(2) The first part shall be marked “for the

in a country other than the country of

carrier”, and shall be signed by the consignor.

departure, the amended Convention may

The second part shall be marked “for the

be applicable and that the amended

consignee”; it shall be signed by the consignor

Convention governs and in most cases

and by the carrier and shall accompany the

limits the liability of carriers in respect

cargo. The third part shall be signed by the

of loss of, or damage to, baggage.

carrier and handed by him to the consignor after

(2) The baggage check shall constitute prima

the cargo has been accepted.

facie evidence of the registration of the baggage

(3) The carrier shall sign prior to the loading

and of the conditions of the contract of the

of the cargo on board the aircraft.

carriage. The absence, irregularity or loss of

the baggage check does not affect the existence

(4) The signature of the carrier may be

or the validity of the contract of carriage which

stamped; that of the consignor may be printed

shall, none the less, be subject to these rules.

or stamped.

Nevertheless, if the carrier takes charge of the

(5) If, at the request of the consignor, the

baggage without a baggage check having been

carrier makes out the air waybill, he shall be

delivered or if the baggage check [unless

deemed, subject to proof to the contrary, to

combined with or incorporated in the passenger

have done so on behalf of the consignor.

ticket which complies with the provisions of

sub-rule (1) (c) of rule 3] does not include the

7. The carrier of cargo has the right to

notice required by sub-rule (1) (c) of this rule,

require the consignor to make out separate

waybills when there is more than one package.

114

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

8. The air waybill shall contain :

cargo as well as those relating to the number of

packages, are prima facie evidence of the facts

(a) an indication of the places of departure

stated; those relating to the quantity, volume

and destination.

and condition of the cargo do not constitute

(b) if the places of departure and destination

evidence against the carriers except so far as

are within the territory of a single High

they both have been, and are stated in the air

Contracting Party, one or more agreed

waybill to have been, checked by him in the

stopping places being within the territory

presence of the consignor, or relate to the

of another State, an indication of at least

apparent condition of the cargo.

one such stopping place;

12. (1) Subject to his liability to carry out

all his obligations under the contract of carriage,

that, if the carriage involves an ultimate

the consignor has the right to dispose of the

destination or stop in a country other

cargo by withdrawing it at the aerodrome of

than the country of departure, the

departure or destination, or by stopping it in the

amended Convention may be applicable

course of the journey on any landing, or by

and that the amended Convention governs

calling for it to be delivered at the places of

and in most cases limits the liability of

destination or in the course of the journey to a

carriers in respect of loss of, or damage

person other than the consignee named in the

to, cargo.

air waybill or by requiring it to be returned to

the aerodrome of departure. He must not

9. If, with the consent of the carrier, cargo

exercise this right of disposition in such a way

is loaded on board the aircraft without an air

as to prejudice the carrier or other consignors

waybill having been made out, or if the air

and he must repay any expenses occasioned by

waybill does not include the notice required by

the exercise of this right.

rule 8(c), the carrier shall not be entitled to

avail himself of the provisions of sub-rule (2)

(2) If it is impossible to carry out the orders

of rule 22.

of the consignor the carrier must so inform him

forthwith.

10. (1) The consignor is responsible for the

correctness of the particulars and statements

(3) If the carrier obeys the orders of the

relating to the cargo which he inserts in the air

consignor for the disposition of the cargo

waybill.

without requiring the production of the part of

the air waybill delivered to the latter, he will be

(2) The consignor shall indemnify the carrier

liable, without prejudice to his right of recovery

against all damage suffered by him, or by any

from the consignor, for any damage which may

other person to whom the carrier is liable, by

be caused thereby to any person who is lawfully

reason of the irregularity, incorrectness or

in possession of that part of the air waybill.

incompleteness of the particulars and statements

furnished by the consignor.

(4) The right conferred on the consignor

ceases at the moment when that of the consignee

11.(1) The airway bill is prima facie

begins in accordance with rule 13. Nevertheless,

evidence of the conclusion of the contract of

if the consignee declines to accept the waybill

the receipt of the cargo and of the conditions of

or the cargo, or if he cannot be communicated

carriage.

with, the consignor resumes his right of

(2) The statements in the air waybill relating

disposition.

to the weight dimensions and packing of the

115

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

13. (1) Except in the circumstances set out

consignor is liable to the carrier for any damage

in the preceding rule, the consignee is entitled

occasioned by the absence, insufficiency or

on arrival of the cargo at the place of destination

irregularity of any such information or

to require the carrier to hand over to him the air

documents, unless the damage is due to the

waybill and to deliver the cargo to him, on

fault of the carrier or his servants or agents.

payment of the charged due and on complying

(2) The carrier is under no obligation to

with the conditions of carriage set out in the air

enquire into the correctness or sufficiency of

waybill.

such information or documents.

(2) Unless it is otherwise agreed, it is the

CHAPTER III

duty of the carrier to give notice to the consignee

as soon as the cargo arrives.

LIABILITY OF THE CARRIER

(3) If the carrier admits the loss of the

17. The carrier is liable for damage sustained

cargo, or if the cargo has not arrived at the

in the event of the death or wounding of a

expiration of seven days after the date on which

passenger or any other bodily injury suffered

it ought to have arrived, the consignee is entitled

by a passenger, if the accident which caused the

to put into force against the carrier the rights

damage so sustained took place on board the

which flow from the contract of carriage.

aircraft or in the course of any of the operations

of embarking or disembarking.

14. The consignor and the consignee can

respectively enforce all the rights given to

18. (1) The carrier is liable for damage

them by rules 12 and 13 each in his own name,

sustained in the event of the destruction or loss

whether he is acting in his own interest or in the

of, or of damage to, any registered baggage or

interest of another, provided that he carries out

any cargo, if the occurrence which caused the

the obligations imposed by the contract.

damage so sustained took place during the

carriage by air.

15. (1) Rules 12, 13 and 14 do not affect

either the relations of the consignor or the

(2) The carriage by air within the meaning of

consignee with each other or mutual relations

the preceding sub-rule comprises the period

of third parties whose rights are derived either

during which the baggage or cargo is in charge

from the consignor or from the consignee.

of the carrier, whether in an aerodrome or on

board an aircraft, or, in the case of a landing

(2) The provisions of rules 12, 13 and 14

outside an aerodrome, in any place whatsoever.

can only be varied by express provision in the

air waybill.

(3) The period of the carriage by air does

not extend to any carriage by land, by the sea or

(3) Nothing in these rules prevents the issue

by river performed outside an aerodrome. If

of a negotiable air waybill.

however, such a carriage takes place in the

16.(1) The consignor must furnish such

performance of a contract for carriage by air,

information and attach to the air waybill such

for the purpose of loading, delivery or

documents as are necessary to meet the

transshipment, any damage is presumed, subject

formalities of customs, octroi or police before

to proof to the contrary, to have been the result

the cargo can be delivered to the consignee. The

of an event which took place during the carriage

by air.

116

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

19. The carrier is liable for damage

object contained therein, the weight to be taken

occasioned by delay in the carriage by air of

into consideration in determining the amount

passengers, baggage or cargo.

to which the carrier’s liability is limited shall

be only the total weight of the packages or

20. The carrier is not liable if he proves that

packages concerned. Nevertheless, when the

he and his servants or agents have taken all

loss damage or delay of a part of the registered

necessary measures to avoid the damage or that

baggage or cargo, or of an object contained

it was impossible for him or them to take such

therein, affects the value of other packages

measures.

covered by the same baggage check or the same

21. If the carrier proves that the damage was

air waybill, the total weight of such package or

caused by or contributed to by the negligence

packages shall also be taken into consideration

of the injured person the Court may, in

in determining the limit of liability.

accordance with the provisions of its own law,

(3) As regards objects of which the

exonerate the carrier wholly or party from his

passenger takes charge himself the liability of

liability.

the carrier is limited to 5,000 francs per

22. (1) In the carriage of persons the liability

passenger.

of the carrier for each passenger is limited to

(4) The limits prescribed in this rule shall

the sum of 2,50,000 francs. Where in accordance

not prevent the Court from awarding, in

with the law of the Court Seized of the case,

accordance with its own law, in addition, the

damages may be awarded in the form of

whole or part of the Court costs and of the other

periodical payments the equivalent capital value

expenses of the litigation incurred by the

of the said payments shall not exceed 2.50.000

plaintiff. The foregoing provision shall not apply

francs. Nevertheless, by special contract, the

if the amount of the damages awarded, excluding

carrier and the passenger may agree to a higher

Court cost and other expenses of the litigation,

limit of liability.

does not exceed the sum which the carrier has

(2) (a) In the carriage of registered baggage

offered in writing to the plaintiff within a period

and of cargo, the liability of the carrier is

of six months from the date of the occurrence

limited to a sum of 250 francs per kilogram,

causing the damage, or before the

unless the passengers or consignor has made, at

commencement of the action, if that is later.

the time when the package was handed over to

(5) The sums mentioned in francs in this

the carrier, a special declaration of interest in

rule shall be deemed to refer to a currency unit

delivery at destination and has paid a

consisting of sixty-five and a half milligrams

supplementary sum if the case so requires. In

of gold of millesimal fineness nine hundred.

that case the carrier will be liable to pay a sum

These sums may be converted into national

not exceeding the declared sum, unless he proves

currencies in round figures. Conversion of the

that, that sum is greater than the passenger’s or

sums into national currencies other than gold

consignor’s actual interest in delivery at

shall, in case of judicial proceedings, be made

destination.

according to the gold value of such currencies

(b) In the case of loss, damage or delay of

at the date of the judgement.

part of registered baggage or cargo, or of any

117

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

23. (1) Any provision tending to relieve the

(2) The aggregate of the amount

carrier of liability or to fix a lower limit than

recoverable from that he acted within the scope

that which is laid down in these rules shall be

of his employment, shall not exceed the said

null and void, but the nullity of any such

limits.

provision does not involve the nullity of the

(3) The provisions of sub-rules (1) and (2)

whole contract, which shall remain subject to

of this rule shall not apply if it is proved that the

the provisions of these rules.

damage resulted from an act or omission of the

(2) Sub-rule (1) of this rule shall not apply

servant or agent done with intent to cause

to provisions governing loss or damage resulting

damage or recklessly and with knowledge that

from the inherent defect, quality or vice of the

damage would probably result.

cargo carried.

27. (1) Receipt by the person entitled to

24. (1) In the cases covered by rules 18 and

delivery of baggage or cargo without complaint

19 any action for damages, however founded,

is prima facie evidence that the same has been

can only be brought subject to the conditions

delivered in good condition and in accordance

and limits set out in these rules.

with the document of carriage.

(2) In the cases covered by rule 17 the

(2) In the case of damage, the person

provisions of the preceding sub-rule also apply,

entitled to delivery must complain to the

without prejudice to the questions as to who are

carrier forthwith after the discovery of the

the persons who have the right to bring suit and

damage, and, at the latest, within seven days

what are their respective rights.

from the date of receipt in the case of

baggage and fourteen days from the date of

25. The limits of liability specified in rule

receipt in the case of cargo. In the case of delay

22 shall not apply if it is proved that the damage

the complaint must be made at the latest

resulted from an act or omission of the carrier,

within twenty one days from the date on which

his servants or agents, done with intent to cause

the baggage or cargo have been placed at

damage or recklessly and with knowledge that

his disposal.

damage would probably result; provided that in

the case of such act or omission of a servant or

(3) Every complaint must be made in writing

agent, it is also proved that he acting within the

upon the document of carriage or by separate

scope of his employment.

notice in writing despatched within the times

aforesaid.

26.(1) If an action is brought against a servant

or agent of the carrier arising out of damage to

(4) Failing complaint within the times

which these rules relate, such servant or agent,

aforesaid, no action shall lie against the carrier,

if he proves that he acted within the scope of

save in the case of fraud on his part.

his employment, shall be entitled to avail

28. In the case of the death of the person

himself of the limits of liability which that

liable, an action for damages lies in accordance

carrier himself is entitled to invoke under rule

22.

118

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

with the terms of these rules against those

agreement, the first carrier has assumed liability

legally representing his estate.

for the whole journey.

29. (1) An action for damages must be

(3) As regards baggage or cargo, the

brought, at the option of the plaintiff, in the

passenger or consignor will have a right or

territory of one of the High Contracting Parties,

action against the first carrier, and the passenger

either before the Court having jurisdiction where

or consignee who is entitled to delivery will

the carrier is ordinarily resident, or has his

have a right of action against the last carrier,

principal place of business, or has an

and further, each may take action against the

establishment by which the contract has been

carrier who performed the carriage during which

made or before the court having jurisdiction at

the destruction, loss, damage or delay took

the place of destination.

place. These carriers will be jointly and severally

liable to the passenger or to the consignor or

(2) Questions of procedure shall be governed

consignee.

by the law of the Court seized of the case.

CHAPTER IV

30.

(1) The right to damages shall be

extinguished if an action is not brought within

PROVISIONS RELATING TO

two years, reckoned from the date of arrival at

COMBINED CARRIAGE

the destination, or from the date on which the

32. (1) In the case of combined carriage

aircraft ought to have arrived, or from the date

performed partly by air and partly by any other

on which the carriage stopped.

mode of carriage, the provisions of this Schedule

(2) The method of calculating the period of

apply only to the carriage by air, provided that

limitation shall be determined by the law of the

the carriage by air falls within the terms of rule

Court seized of the case.

31.

(1) In the case of carriage to be

(2) Nothing in this Schedule shall prevent

performed by various successive carriers and

the parties in the case of combined carriage

falling within the definition set out in sub-rule

from inserting in the document of air carriage

(3) of rule 1, each carrier who accepts

conditions relating to other modes of carriage,

passengers, baggage or cargo is subjected to

provided that the provisions of this Schedule

the rules set out in this Schedule, and is deemed

are observed as regards the carriage by air.

to be one of the contracting parties to the

CHAPTER V

contract of carriage in so far as the contract

GENERAL AND FINAL

deals with that part of the carriage which is

PROVISIONS

performed under his supervision.

33. Any clause contained in the contract and

(2) In the case of carriage of this nature, the

all special agreements entered into before the

passenger or his representative can take action

damage occurred by which the parties purport

only against the carrier who performed the

to infringe the rules laid down by this Schedule,

carriage during which the accident or the delay

occurred, save in the case where, by express

119

SCHEDULE II

THE CARRIAGE

BY AIR ACT, 1972

CHAP. VII

whether by deciding the law to be applied, or by

regulations which do not conflict with the

altering the rules as to jurisdiction, shall be null

provision of this Schedule.

and void. Nevertheless, for the carriage of cargo

35. The provisions of rules 3 to 9 (inclusive)

arbitration clauses are allowed, subject to these

relating to documents of carriage shall not

rules, if the arbitration is to take place within

apply in the case of carriage performed in

one of the jurisdictions referred to in sub-rule

extraordinary circumstances outside the normal

(1) of rule 29.

scope of an air carrier’s business.

34. Nothing contained in this Schedule shall

36. The expression “days” when used in

prevent the carrier either from refusing to enter

these rules means current days, not working

into any contract of a carriage, or from making

days.

121

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

CHAPTER VIII

THE TOKYO CONVENTION ACT,

1975

TABLE OF CONTENTS

SECTIONS

PAGES

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement

122

CHAPTER II

DEFINITIONS

2. Definitions

122

CHAPTER III

OFFENCE

3. Application of criminal law to aircraft

123

4. Provisions as to Extradition Act

124

5. Powers of commander of aircraft

124

6. Jurisdiction

125

7. Provisions as to evidence in connection with aircraft

126

8. Provisions as to documentary evidence

126

CHAPTER IV

MISCELLANEOUS

9. Power to apply the provisions of Act with modifications to certain aircraft

127

10. Contracting Parties to convention

127

11. Power to treat certain aircraft to be registered in convention country .

127

122

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

CHAPTER VIII

THE TOKYO CONVENTION ACT,

1975

(20 of 1975)

To give effect to the Convention of offences

of, the State;

and certain other acts committed on board

(b) “appropriate authority” means -

aircraft

(i) in relation of India, any police

WHEREAS a Convention on offences and

officer not below the rank of an

certain other acts committed on board aircraft

Assistant Sub- Inspector or any

was on the Fourteenth day of September, 1963

Immigration Officer, and

signed at Tokyo;

(ii) in relation to any other country,

AND WHEREAS it is expedient that India

being a Convention country, any

should accede to the said Convention and should

officer having functions correspond-

make provisions for giving effect thereto;

ing to the functions in India either

BE it enacted by Parliament in the Twenty-

of a police officer not below the

sixth year of the Republic of India as follows -

rank of an Assistant Sub-Inspector

or of an Immigration Officer;

CHAPTER I

(c)

“commander” in relation to an aircraft,

PRELIMINARY

means the member of the crew designated

1. Short title, extent and commencement

as commander of the aircraft by the

- (1) This Act may be called the Tokyo

operator thereof, or failing such a person,

Convention Act, 1975.

the person who is for the time being the

pilot-in-command of the aircraft;

(2) It extends to the whole of India.

(d) “Convention country” means a country

(3) It shall come into force on such date as

in which the Tokyo Convention is for the

the Central Government may, by notification in

time being in force;

the Official Gazette, appoint.

(e)

“Indian registered aircraft” means an

CHAPTER II

aircraft-

DEFINITIONS

(A) w hich is for the tim e being

2. Definitions - (1) In this Act, unless the

registered in India;

context otherwise requires, -

(B) which is not for the time being

(a) “aircraft” means any aircraft, whether or

registered in any country but in the

not registered in India, other than

case of which either the operator

of the aircraft of each person

(i) a military aircraft; or

entitled as owner to any legal or

(ii) an aircraft belonging to, or

beneficial interest in it satisfies the

exclusively employed in the service

following requirements, namely :-

123

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

(i) that he is a person qualified to

the surface of the sea or land but not

be owner of a legal or benefi-

within the territorial limits of any

cial interest in an aircraft regis-

country.

tered in India; and

(2) For the purposes of this Act, the period

(ii) that he resides or has his princi-

during which an aircraft is in flight shall be

pal place of business of India;

deemed to include any period from the moment

when power is applied for the purpose of the

aircraft taking off on a flight until the moment

when the landing run, if any, at the termination

in any country other than India, is

of that flight ends; and for the purposes of

for the time being chartered by

section 5 the aforesaid period shall also be

demise to a person who, or to

deemed to include -

persons each of whom, satisfies the

requirements specified in sub-

(i) any further period from the moment when

clause (B) (i) and (ii);

all external doors, if any, of the aircraft

are closed following embarkation for a

(f)

“military aircraft” means an aircraft of

flight until the moment when any such

the naval, military or air force of any

door is opened for disembarkation, after

country and includes every aircraft,

that flight;

commanded by a person in naval, military

or air force service, detailed for the

(ii) if the aircraft makes a forced landing,

purpose;

any period thereafter until the time -

(g)

“operator”, in relation to an aircraft at

(a) in a case where the forced landing

any time, means the person who at that

takes place in India, when the

time has the management of the aircraft;

appropriate authority arrives at the

place of such forced landing; and

(h)

“pilot-in-command”, in relation to an

aircraft, means a person who for the

(b) in any other case when the

time being is in-charge of the piloting of

appropriate authority takes over the

the aircraft without being under the

responsibility for the aircraft and

directions of any other pilot in the aircraft

for the persons and property on board

and responsible for the operation and

the aircraft.

safety of the aircraft during flight time;

CHAPTER III

(i)

“Tokyo Convention” means the

OFFENCES

Convention on offences and certain other

acts committed on board aircraft signed

3. Application of criminal law to

at Tokyo on the Fourteenth day of

aircraft - (1) Any act or omission taking

September, 1963;

place on board an Indian registered aircraft

while in flight elsewhere than in or over India

(j)

any reference to a country or to the

which, if taking place in India, would constitute

territorial limits thereof shall be

an offence under any law in force in India shall

construed as including a reference to

constitute that offence:

the territorial waters, if any, of that

country, and any reference to an aircraft

Provided that this sub-section shall not

in flight shall include a reference to an

apply to any act or omission which is expressly

aircraft during any period when it is on

124

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

or impliedly authorised by or under any law of

(b) that the person in question has done on

a country outside India, where the aircraft is in

the aircraft while in flight any act which

flight.

in the opinion of the commander is an

offence under any law in force in the

(2) No proceedings for an offence under

country in which the aircraft is registered,

any law in force in India, committed on board

not being a law of a political nature or

an aircraft while in flight elsewhere than in or

based on racial or religious

over India (other than an offence under the

discrimination,

Aircraft Act,

1934), (22 of 1934) shall be

instituted except by or with the consent of the

then, subject to the provisions of sub-section

Central Government.

(4), the commander may take with respect to

that person such reasonable measures, including

(3) Nothing contained in sub-section (2)

restraint of his person, as may be necessary -

shall prevent the arrest, or the issue of a warrant

for the arrest, of any person in respect of any

(i) to protect the safety of the aircraft or of

offence, or the remanding in custody or on bail

persons or property on board the aircraft;

of any person charged with any offence.

4. Provisions as to Extradition Act -

(ii) to maintain good order and discipline

For the purposes of application of the Extradition

on board the aircraft; or

Act, 1962 (34 of 1962) to crimes committed

(iii) to enable the commander to disembark

on board an aircraft in flight, any aircraft

or deliver that person in accordance with

registered in a Convention country shall, at any

the provisions of sub-section (5).

time while that aircraft is in flight, be deemed

to be within the jurisdiction of that country,

(2) The aircraft commander may require

whether or not it is for the time being also

the assistance of other crew members and may

within the jurisdiction of any other country.

request, but not require, the assistance of

passengers or authorise other crew members

5. Powers of commander of aircraft -

and passengers, to restrain any person whom he

(1) If the commander of an aircraft in flight,

is entitled to restrain.

wherever the aircraft may be, has reasonable

grounds to believe in respect of any person on

(3) Any crew member or passenger also

board the aircraft -

take reasonable preventive measures without

any authorisation under sub-section (2) when

(a) that the person in question has done or is

he has reasonable grounds to believe that such

about to do any act on the aircraft while

action is immediately necessary to protect the

it is in flight which jeopardises or may

safety of the aircraft, or of persons or property

jeopardise-

therein.

(i) the safety of the aircraft or of

(4) Any restraint imposed on any person on

persons or property on board the

board an aircraft under the powers conferred by

aircraft; or

the foregoing provisions of the section shall

(ii) the good order and discipline on

not be continued after the time when the aircraft

board the aircraft; or

first thereafter ceases to be in flight unless

before or as soon as is reasonably practicable

125

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

after that time, the commander of the aircraft

(a) if he disembarks any person in pursuance

causes notification of the fact that a person on

of clause (a) of sub-section (5), in the

board the aircraft is under restraint and of the

case of an Indian registered aircraft, in

reasons therefor to be sent to the appropriate

any country or, in the case of any other

authority of the country in which the aircraft so

aircraft, in India, shall report the fact of,

ceases to be in flight, but subject to such

and the reasons for, that disembarkation

notification may be continued after that time

to -

(i) the appropriate authority in the

(a) for any period (including the period of

country of disembarkation; and

any further flight) between that time and

(ii) the appropriate diplomatic or

the first occasion thereafter on which

consular officer of the country of

the commander is able with any requisite

nationality of that person;

consent of the appropriate authorities to

disembark or deliver the person under

(b) if he intends to deliver any person in

restraint in accordance with the

pursuance of clause (b) of sub-section

provisions of sub-section (5); or

(5) in India; or in the case of an India

registered aircraft, in any other country,

(b) if the person under restraint agrees to

which is a Convention country, shall

continue his journey under restraint on

before or as soon as reasonably

board that aircraft.

practicable after landing give notification

(5) The commander of an aircraft -

of his intention and of the reasons

therefore -

(a) if, in the case of any person on board the

aircraft, he has reasonable grounds-

(i) to the appropriate authority; and

(i) to believe as mentioned in clause

(ii) in either case, to the appropriate

(a) of sub-section (1); and

diplomatic or consular officer of

the country of nationality of that

(ii) to believe that it is necessary so to

person;

do in order to protect the safety of

the aircraft or of persons or property

and any commander of an aircraft who

on board the aircraft or to maintain

without reasonable cause fails to comply

good order and discipline on board

with the requirements of this sub-section

the aircraft,

shall be liable on summary conviction to

a fine not exceeding one thousand rupees.

may disembark that person in any country

in which that aircraft may be; and

6. Jurisdiction - (1) For the avoidance of

doubt it is hereby declared that for the purpose

(b) if, in the case of any person on board the

of any proceedings before a court in India, any

aircraft, he was reasonable grounds to

court having jurisdiction in respect of piracy

believe as mentioned in clause (b) of

committed on the high seas shall have

sub-section (1), may deliver that person

jurisdiction in respect of offences and other

to the appropriate authority.

acts committed on board an aircraft as described

(6) The commander of an aircraft -

in this Act wherever that offence or act is

committed.

126

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

(2) For the purposes of conferring

evidence in any proceedings that the person

jurisdiction, an offence under any law in force

charged with the offence was present at the

in India, committed on board an aircraft in

making of the deposition.

flight shall be deemed to have been committed

(4) If a complaint is made to such a consular

in any place in India where the offender may for

officer as aforesaid that any offence has been

the time being be.

committed on an Indian registered aircraft while

7. Provisions as to evidence in connection

in flight elsewhere than in or over India, that

with aircraft - (1) Where in any proceedings

officer may enquire into the case upon oath.

before a court in India for an offence or other

(5) In this section -

act committed on board an aircraft the testimony

of any person is required and the court is

(a) the expression “deposition” includes an

satisfied that the person in question cannot be

affidavit affirmation or statement made

found in India, there shall be admissible in

upon oath; and

evidence before that court any deposition

(b) the expression “oath” includes an

relating to the subject matter of those

affirmation or declaration in the case of

proceedings previously made on oath by that

persons allowed by law to affirm or

person outside India which was so made -

declare instead of swearing;

(a) in the presence of the person charged

and nothing contained in this section shall

with the offence; and

prejudice the admission as evidence of any

(b) before a judge or a magistrate of a

deposition which is admissible in evidence

country such as is mentioned in the First

apart from this section.

Schedule to the Citizenship Act, 1955

8. Provisions as to documentary

(57 of 1955), or before a consular officer

evidence- (1) In any legal proceedings under

of the Central Government.

this Act, a document published by the Ministry

(2) Any such deposition shall be authenticated

of the Central Government dealing with Civil

by the signature of the judge, magistrate or

Aviation and purporting to be the publication

consular officer before whom it was made and

known as “Aeronautical Information

he shall certify that the person charged with the

Publication” or a publication of the series known

offence was present at the taking of the

as “Notam” and “ Aeronautical Information

deposition.

Circular” shall be evidence of the matters

appearing from that document.

(3) It shall not be necessary in any

proceedings to prove the signature or official

(2) Any message or signal transmitted to or

character of the person appearing so to have

received from an aircraft which relates to the

authenticated any such deposition or to have

position of the aircraft will be treated as evidence

given such a certificate, and such a certificate

of certain records and shall apply to any legal

shall, unless the contrary is proved, be sufficient

proceedings.

127

THE TOKYO CONVENTION ACT, 1975

CHAP. VIII

CHAPTER IV

and to what extent they have availed themselves

of the provisions of the Convention, and any

MISCELLANEOUS

such notification by the Central Government

9. Power to apply the provisions of Act

shall be conclusive evidence of the matters

with modifications to certain aircraft -

certified therein.

The Central Government may, by notification

11. Power to treat certain aircraft to be

in the Official Gazette, direct that all or any of

registered in Convention country - If the

the provisions of this Act shall apply to an

Central Government is satisfied that the

aircraft referred to in sub-clause (B) of clause

requirements of Article 18 of the Tokyo

(e) of sub-section (1) of section 2, subject to

Convention have been satisfied in relation to

such modifications as may be specified in the

any aircraft, it may, by notification in the Official

notification.

Gazette, direct that such aircraft shall, for the

10. Contracting Parties to Convention-

purposes of this Act, be treated as registered in

The Central Government may, by notification

such Convention country as may be specified in

in the Official Gazette, certify as to who are the

the notification.

contracting parties to the Tokyo Convention

129

THE ANTI-HIJACKING ACT, 1982

CHAP. IX

CHAPTER IX

THE ANTI-HIJACKING ACT,

1982

TABLE OF CONTENTS

SECTIONS

PAGES

CHAPTER I

PRELIMINARY

Short titles, extent, application and commencement

130

Definitions

130

CHAPTER II

HIGH JACKING AND CONNECTED OFFENCES

High Jacking

130

Punishment for High Jacking

131

Punishment for acts of violence connected with Highjacking

131

5A.

Conferment of powers of investigation, etc.

131

Jurisdiction

131

6A.

Designated Court

131

6B.

Offences triable by Designated Courts

132

6C.

Application of Code to proceedings before a Designated Court

132

CHAPTER III

MISCELLANEOUS

Provisions as to extradition

132

7A.

Provision as to bail

133

Contracting parties to convention .

133

Power to treat certain aircraft to be registered in convention countries

133

10.

Previous sanction necessary for prosecution

133

10A.

Presumptions as to offences under sections 4 and 5

133

11.

Protection of actions taken in goods faith .

134

130

THE ANTI-HIJACKING ACT, 1982

CHAP. IX

CHAPTER IX

THE ANTI-HIJACKING ACT,

1982

(65 OF 1982)

(November 6, 1982)

An Act to give effect to the Convention for

military aircraft or an aircraft used in

the Suppression of Unlawful seizure of Aircraft

customs or police service;

and for matters connected therewith.

(b) “aircraft registered in India” means an

WHEREAS a Convention for the Suppression

aircraft which is for the time being

of Unlawful Seizure of Aircraft was, on the

registered in India;

16th day of December, 1970, signed at The

Hague;

in which The Hague Convention is for

AND WHEREAS it is expedient that India

the time being in force;

should accede to the said Convention and make

(d) “Hague Convention” means the

previsions for giving effect thereto and for

Convention for the Suppression of

matters connected therewith;

Unlawful Seizure of Aircraft signed at

BE it enacted by Parliament in the Thirty-

The Hague on the 16th day of December,

third Year of the Republic of India as follows:-

1970;

CHAPTER I

(e) “military aircraft” means an aircraft of

the naval, military, air force or any other

PRELIMINARY

armed forces of any country and includes

1. Short title, extent, application and

every aircraft commanded for the time

commencement - (1) The Act may be called

being by a person in any such force

the Anti-Hijacking Act, 1982.

detailed for the purpose.

(2) It extends to the whole of India and, save

CHAPTER II

as otherwise provided in this Act, it applies also

HIJACKING AND CONNECTED

to any offence thereunder committed outside

OFFENCES

India by any person.

3. Hijacking - (1) Whoever on board an

(3) It shall come into force on such date as

aircraft in flight, unlawfully, by force or threat

the Central Government may, by notification in

of force or by any other form of intimidation,

the Official Gazette, appoint.

seizes or exercises control of that aircraft,

2. Definitions - In this Act, unless the

commits the offence of hijacking of such

context otherwise requires, -

aircraft.

(a) “aircraft” means any aircraft, whether or

(2) Whoever attempts to commit any of the

not registered in India, other than a

acts referred to in sub-section (1) in relation to

131

THE ANTI-HIJACKING ACT, 1982

CHAP. IX

any aircraft, or abets the commission of any

investigation and prosecution exercisable by a

such act, shall also be deemed to have committed

police office under the Code of Criminal

the offence of hijacking of such aircraft.

Procedure, 1973.

(3) For the purposes of this section, an

(2) All officers of police and all officers of

aircraft shall be deemed to be in flight at any

Government are hereby required and empowered

time from the moment when all its external

to assist the officer of the Central Government

doors are closed following embarkation until

referred to in sub-section (1), in the execution

the moment when any such door is opened for

of the provisions of this Act,”.

disembarkation, and in the case of a forced

6. Jurisdiction - (1) Subject to the

landing, the flight shall be deemed to continue

provisions of sub-section (2), where an offence

until the competent authorities of the country

under section 4 or section 5 is committed

in which such forced landing takes place take

outside India, the person committing such

over the responsibility for the aircraft and for

offence may be dealt with in respect thereof as

persons and property on board.

if such offence had been committed at any

4. Punishment for hijacking - Whoever

place within India at which he may be found.

commits the offence of hijacking shall be

(2) No court shall take cognizance of an

punished with imprisonment for life and shall

offence punishable under section 4 or section

also be liable to fine.

5 which is committed outside India unless -

5. Punishment for acts of violence

(a) such offence is committed on board an

connected with hijacking - Whoever, being

aircraft registered in India;

a person committing the offence of hijacking

(b) such offence is committed on board an

of an aircraft, commits, in connection with

aircraft which is for the time being leased

such offence, any act of violence against any

without crew to a lessee who has his

passenger or member of the crew of such

principal place of business or where he

aircraft, shall be punished with the same

has no such place of business, his

punishment with which he would have been

permanent residence in India; or

punishable under any law for the time being in

force in India if such act had been committed in

India.

or is on board the aircraft in relation to

which such offence is committed when

*5A. Conferment of powers of

it lands in India or is found in India.

investigation, etc.-

(1) Notwithstanding

anything contained in the Code of Criminal

*6A. Designated Courts - (1) For the

Procedure, 1973, for the purposes of this Act,

purpose of providing for speedy trial, the State

the Central Government may, by notification in

Government shall, with the concurrence of the

the Official Gazette, confer on any officer of

Chief Justice of the High Court, by notification

the Central Government, powers of arrest,

in the Official Gazette, specify a Court of

132

THE ANTI-HIJACKING ACT, 1982

CHAP. IX

Session to be a Designated Court for such area

to be forwarded to the Designated Court

or areas as may be specified in the notification.

having jurisdiction;

(2) Notwithstanding anything contained in

the Code of Criminal Procedure, 1973, a

relation to the person forwarded to it

Designated Court shall, as far as practicable,

under clause (b), the same power which

hold the trial on a day-to-day basis.

a Magistrate having jurisdiction to try a

case may exercise under section 167 of

*6B. Offences triable by Designated

the Code of Criminal Procedure, 1973,

Courts - (1) Notwithstanding anything

in relation to an accused person in such

contained in the Code of Criminal Procedure,

case who has been forwarded to him

1973,

under that section;

(a)

all offences under this Act shall be triable

(d) a Designated Court may, upon a perusal

only by the Designated Court specified

of a complaint made by an officer of the

under sub-section (1) of section 6A ;

Central Government or the State

(b) where a person accused of or suspected

Government as the case may be

of the commission of an offence under

authorised in this behalf take cognizance

this Act is forwarded to a Magistrate

of that offence without the accused being

under sub-section (2) or sub-section (2A)

committed to it for trial.

of section 167 of the Code of Criminal

(2) When trying an offence under this Act, a

Procedure, 1973, such Magistrate may

Designated Court may also try an offence other

authorise the detention of such person

than an offence under this Act, with which the

in such custody as he thinks fit for a

accused may, under the Code of Criminal

period not exceeding fifteen days in the

Procedure, 1973, be charged at the same trial.

whole where such Magistrate is a Judicial

Magistrate and seven days in the whole

*6C. Application of Code to proceedings

where such Magistrate is an Executive

before a Designated Court - Save as

Magistrate:

otherwise provided in this Act, the provisions

of the Code of Criminal Procedure, 1973, shall

Provided that where such Magistrate

apply to the proceedings before a Designated

considers, -

Court and the person conducting a prosecution

(i) when such person is forwarded to

before a Designated Court shall be deemed to

him as aforesaid ; or

be a Public Prosecutor.

CHAPTER III

(ii) upon or at any time before the expiry

of the period of detention

MISCELLANEOUS

authorised by him,

7. provisions as to extradition - (1) The

that the detention of such person in

offences under section 4 and section 5 shall be

unnecessary, he shall order such person

deemed to have been included as extraditable

133

THE ANTI-HIJACKING ACT, 1982

CHAP. IX

offences and provided for in all the extradition

8. Contracting parties to Convention -

treaties made by India with Convention countries

The Central Government may, by notification

and which extend to, and are binding on, India on

in the Official Gazette, certify as to who are the

the date of commencement of this Act.

contracting parties to The Hague Convention

and to what extent they have availed themselves

(2) For the purpose of the application of the

of the provisions of the Convention, and any

Ex-tradition Act,

1962

(34 of 1962) the

such notification shall be conclusive evidence

offences under this Act, any aircraft registered

of the matters certified therein.

in a Convention country shall, at any time while

that aircraft is in flight, be deemed to be within

9. Power to treat certain air-craft to be

the jurisdiction of that country, whether or not

registered in Convention countries - If the

it is for the time being also within the jurisdiction

Central Government is satisfied that the

of any other country.

requirements of Article 5 of The Hague

Convention have been satisfied in relation to

*7A. Provision as to bail

- (1)

any aircraft, it may, by notification in the Official

Notwithstanding anything in the Code of

Gazette, direct that such aircraft shall, for the

Criminal Procedure, 1973, no person accused

purposes of this Act, be treated as registered in

of an offence punishable under this Act shall, if

such Convention country as may be specified in

in custody, be released on bail or on his own

the notification.

bond unless -

10. Previous sanction necessary for

(a) the Public Prosecutor has been given an

prosecution - No prosecution for an offence

opportunity to oppose the application

under this Act shall be instituted except with

for such release; and

the previous sanction of the Central Government.

(b) where the Public Prosecutor opposes

*10A. Presumptions as to offences under

the application, the Court is satisfied

sections 4 and 5 - In a prosecution for an

that there are reasonable grounds for

offence under section 4 or section 5 if it is

believing that he is not guilty of such

proved -

offence and that he is not likely to commit

any offence while on bail.

(a) that the arms, ammunition or explosives

were recovered from the possession of

(2) The limitations on granting of bail is

the accused and there is reason to believe

specified in sub-section (1) are in addition to

that such arms, ammunition or explosives

the limitations under the Code of Criminal

of similar nature were used in the

Procedure, 1973, or any other law for the time

commission of such offence; or

being in force on granting of bail.

(b) that there is evidence of use of force,

(3) Nothing contained in this section shall

threat of force or any other form of

be deemed to affect the special powers of the

intimidation caused to the crew or

High Court regarding bail under section 439 of

passengers in connection with the

the Code of Criminal procedure, 1973.

commission of such offence,

136

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982

CHAP. X

CHAPTER X

THE SUPPRESSION OF UNLAWFUL ACTS

AGAINST SAFETY OF CIVIL AVIATION ACT,

1982

TABLE OF CONTENTS

SECTIONS

PAGES

CHAPTER I

PRELIMINARY

Short title, extent, application and commencement.

137

Definitions

137

CHAPTER II

OFFENCES

Offence of committing violence on board an aircraft in flight, etc.

138

3A.

Offence at airport

138

Destruction of, or damage to, air navigation facilities

139

Jurisdiction

139

5A.

Conferment of powers of investigation, etc.

139

5B.

Designated Courts

139

5C.

Offences triable by Designated Courts

139

5D.

Application of the Code to proceedings before a Designated Court .

140

CHAPTER III

MISCELLANEOUS

Provisions as to extradition

140

6A.

Provision as to bail

140

Contracting parties to Convention .

141

Power to treat certain aircraft to be registered in Convention countries

141

Previous sanction necessary for prosecution

141

9A.

Presumptions as to offences under sections 3, 3A and 4

141

10.

Protection of action taken in good faith

141

137

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982

CHAP. X

CHAPTER X

THE SUPPRESSION OF UNLAWFUL ACTS

AGAINST SAFETY OF CIVIL AVIATION ACT,

1982

(66 of 1982)

An Act to give effect to the Convention for

2. Definitions - (1) In this Act, unless the

the Suppression of Unlawful Acts against the

context otherwise requires, -

Safety of Civil Aviation and for matters

(a)

“aircraft” means any aircraft, whether or

connected therewith.

not registered in India, other than a

WHEREAS a Convention for the

military aircraft or an aircraft used in

Suppression of Unlawful Acts against the Safety

customs or police service;

of Civil Aviation was, on the 23rd day of

(b)

“aircraft registered in India” means an

September, 1971, signed at Montreal;

aircraft which is for the time being

AND WHEREAS it is expedient that India

registered in India;

should accede to the said Convention and make

(bb) “airport “ means an aerodrome as defined

provisions for giving effect thereto and for

in clause (2) of section 2 of the Aircraft

matters connected therewith;

Act, 1934.

BE it enacted by Parliament in the Thirty-

(c)

“Convention country” means a country

third Year of the Republic of India as follows:-

in which the Montreal Convention is for

CHAPTER I

the time being in force;

PRELIMINARY

(d)

“military aircraft” means an aircraft of

the naval, military, air force or any other

1. Short title, extent, application and

armed forces of any country and includes

commencement - (1) This Act may be called

every aircraft commanded for the time

the suppression of Unlawful Acts against Safety

being by a person in such force detailed

of Civil Aviation Act, 1982.

for the purpose;

(2) It extends to the whole of India and, save

(e)

“Montreal Convention” means the

as otherwise provided in this Act, it applies

Convention for the Suppression of

also to any offence under section 3 committed

Unlawful Acts against the Safety of Civil

outside India by any person.

Aviation signed at Montreal on the 23rd

(3) It shall come into force on such date as

day of September, 1971.

the Central Government may, by notification in

(2) For the purposes of this Act, -

the Official Gazette, appoint.

(a) an aircraft shall be deemed to be in flight

at any time from the moment when all its

138

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982

CHAP. X

external doors are closed following

is likely to destroy that aircraft, or to

embarkation until the moment when any

cause damage to it which renders it

such door is opened for disembarkation,

incapable of flight, or to cause damage

and in the case of a forced landing, the

to it which is likely to endanger its safety

flight shall be deemed to continue until

in flight; or

the competent authorities of the country

(d) communicates such information which

in which such forced landing takes place

he knows to be false so as to endanger

take over the responsibility for the

the safety of an aircraft in flight,

aircraft and for persons and property on

board;

shall be punished with imprisonment for

life and shall also be liable to fine.

(b) an aircraft shall be deemed to be in service

from the beginning of the pre-flight

(2) Whoever attempts to commit, or abets

preparation of the aircraft by the ground

the commission of, and offence under sub-

staff or by the crew for a specific flight

section (1) shall also be deemed to have

until twenty-four hours after any landing

committed such offence and shall be punished

and the period of such service shall

with the punishment provided for such offence.

include the entire period during which

*3A. Offence at airport - (1) Whoever, at

the aircraft is in flight.

any airport unlawfully and intentionally, using

CHAPTER II

any device, substance or weapon, -

OFFENCES

(a) commits an act of violence which is

likely to cause grievous hurt or death of

3. Offence of committing violence on

any person; or

board an aircraft in flight, etc. - (1) Whoever

unlawfully and intentionally -

(b) destroys or seriously damages any

aircraft or facility at an airport or disrupts

(a) commits an act of violence against a

any service at the airport, endangering

person on board an aircraft in flight which

or threatening to endanger safety at that

is likely to endanger the safety of such

airport, shall be punished with

aircraft; or

imprisonment for life and shall also be

(b) destroys an aircraft in service or causes

liable to fine.

damage to such aircraft in such a manner

(2) Whoever attempts to commit, or abets

as to render it incapable of flight or

the commission of, any offence under sub-

which is likely to endanger its safety in

section (1) shall also be deemed to have

flight; or

committed such offence and shall be punished

with the punishment provided for such offence.

aircraft in service, by any means

whatsoever, a device or substance which

139

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982

CHAP. X

4. Destruction of, or damage to, air

*5A. Conferment of powers of

navigation facilities

- (1) Whoever

investigation, etc.- (1) Notwithstanding

unlawfully and intentionally destroys or damages

anything contained in the Code of Criminal

air navigation facilities or interferes with their

Procedure, 1973, for the purposes of this Act,

operation in such a manner as is likely to

the Central Government may, by notification in

endanger the safety of the aircraft in flight shall

the Official Gazette, confer on any officer of

be punished with imprisonment for life and

the Central Government, powers of arrest,

shall also be liable to fine.

investigation and prosecution exercisable by a

police officer under the Code of Criminal

(2) Whoever attempts to commit, or abets

Procedure, 1973.

the commission of, any offence under sub-

section (1) shall also be deemed to have

(2) All officers of police and all officers of

committed such offence and shall be punished

Government are hereby required and empowered

with the punishment provided for such offence.

to assist the officer of the Central Government

referred to in sub-section (1), in the execution

5. Jurisdiction - (1) Subject to the

of the provisions of this Act.

provisions of sub-section (2), where an offence

under section 3 is committed outside India, the

*5B. Designated Courts - (1) For the

person committing such offence may be dealt

purpose of providing for speedy trial, the State

with in respect thereof as if such offence had

Government shall, with the concurrence of the

been committed at any place within India at

Chief Justice of the High Court, by notification

which he may be found.

in the Official Gazette, specify a Court of

Session to be a Designated Court for such area

(2) No court shall take cognizance of an

or areas as may be specified in the notification.

offence punishable under section 3 which is

committed outside India unless -

(2) Notwithstanding anything contained in

the Code of Criminal Procedure, 1973, a

(a) such offence is committed on board an

Designated Court shall, as far as practicable,

aircraft registered in India;

hold the trial on a day-to-day basis.

(b) such offence is committed on board an

*5C. Offences triable by Designated

aircraft which is for the time being leased

Courts -

(1) Notwithstanding anything

without crew to a lessee who has his

contained in the Code of Criminal Procedure,

principal place of business, or where he

1973,

has no such place of business, his

permanent residence in India; or

(a) all offences under this Act shall be triable

only by the Designated Court specified

under sub-section (1) of section 5B.

or is on board the aircraft in relation to

which such offence is committed when

it lands in India or is found in India.

140

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982

CHAP. X

(b) where a person accused of or suspected

authorised in this behalf, take cognizance

of the commission of an offence under

of that offence without the accused being

this Act is forwarded to a Magistrate

committed to it for trial.

under sub-section (2) or sub-section (2A)

(2) When trying an offence under this Act, a

of section 167 of the Code of Criminal

Designated Court may also try an offence other

Procedure, 1973, such Magistrate may

than an offence under this Act, with which the

authorise the detention of such person

accused may, under the Code of Criminal

in such custody as he thinks fit for a

Procedure, 1973, be charged at the same trial.

period not exceeding fifteen days in the

whole where such Magistrate is a Judicial

*5D. Application of the Code to

Magistrate and seven days in the whole

proceedings before a Designated Court -

where such Magistrate is an Executive

Save as otherwise provided in this Act, the

Magistrate:

provisions of the Code of Criminal Procedure,

1973, shall apply to the proceedings before a

Provided that where such Magistrate

Designated Court and the person conducting a

considers,-

prosecution before a Designated Court shall be

(i) when such person is forwarded to

deemed to be a Public Prosecutor.

him as aforesaid; or

CHAPTER III

(ii) upon or at any time before the expiry

MISCELLANEOUS

of the period of detention

authorised by him,

6. Provisions as to extradition - (1) The

offences under section 3 and section 4 shall be

that the detention of such person is

deemed to have been included as extraditable

unnecessary, he shall order such person

offences and provided for in all the extradition

to be forwarded to the Designated Court

treaties made by India with Convention countries

having jurisdiction;

and which extend to, and are binding on, India on

(c)

the Designated Court may exercise, in

the date of commencement of this Act.

relation to the person forwarded to it

(2) For the purposes of the application of

under clause (b), the same power which

the Extradition Act, 1962 (34 of 1962) to

a Magistrate having jurisdiction to try a

offences under this Act, any aircraft registered

case may exercise under section 167 of

in a Convention country shall, at any time while

the Code of Criminal Procedure, 1973,

that aircraft is in flight, be deemed to be within

in relation to an accused person in such

the jurisdiction of that country, whether or not

case who has been forwarded to him

it is for the time being also within the jurisdiction

under that section;

of any other country.

(d) a Designated Court may, upon a perusal

*6A. Provision as to bail

- (1)

of a complaint made by an officer of the

Notwithstanding anything contained in the Code

Central Government or the State

of Criminal Procedure, 1973, no person accused

Government, as the case may be,

of an offence punishable under this Act shall, if

141

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982

CHAP. X

in custody, be released on bail or on his own

purposes of this Act, be treated as registered in

bond unless -

such Convention country as may be specified

in the notification.

(a) the Public Prosecutor has been given an

opportunity to oppose the application

9. Previous sanction necessary for

for such release ; and

prosecution - No prosecution for an offence

under this Act shall be instituted except with

(b) where the Public Prosecutor opposes

the previous sanction of the Central Government.

the application, the court is satisfied

that there are reasonable grounds for

*9A. Presumptions as to offences under

believing that he is not guilty of such

sections 3, 3A and 4 - In a prosecution for an

offence and that he is not likely to commit

offence under sections 3, 3A and 4 if it is

any offence while on bail.

proved

(2) The limitations on granting of bail speci-

(a) that the arms, ammunition or explosives

fied in sub-section (1) are in addition to the

were recovered from the possession of

limitations under the Code of Criminal Proce-

the accused and there is reason to believe

dure, 1973 or any other law for the time being

that such arms ammunition or explosives

in force on granting of bail.

of similar nature were used in the

commission of such offence; or

(3) Nothing contained in this section shall

be deemed to affect the special powers of the

(b) that there is evidence of violence

High Court regarding bail under section 439 of

committed by the accused against any

the Code of Criminal Procedure, 1973.

person in connection with the

commission of such offence,

7. Contracting parties to Convention-

The Central Government may, by notification

the Designated Court shall presume, unless the

in the Official Gazette, certify as to who are the

contrary is proved, that the accused had com-

contracting parties to the Montreal Convention

mitted such offence.

and to what extent they have availed themselves

10. Protection of action taken in good

of the provisions of the Convention, and any

faith - (1) No suit, prosecution or other legal

such notification shall be conclusive evidence

proceeding shall lie against any person for

of the matters certified therein.

anything which is in good faith done or intended

8. Power to treat certain aircraft to be

to be done in pursuance of the provisions of this

registered in Convention countries - If the

Act.

Central Government is satisfied that the

(2) No suit or other legal proceeding shall

requirements of Article 9 of the Montreal

lie against the Central Government for any

Convention have been satisfied in relation to

damage caused or likely to be caused for anything

any aircraft, it may, by notification in the Official

which is in good faith done or intended to be

Gazette, direct that such aircraft shall, for the

done in pursuance of the provisions of this Act.

* The Suppression of Unlawful Acts against Safety of Civil Aviation (Amendment) Act, 1994 (40 of 1994)

143

NOTIFICATION REGARDING APPLICATION OF THE CARRIAGE BY AIR ACT, 1972, TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

CHAP. XI

CHAPTER XI

NOTIFICATION REGARDING APPLICATION OF THE

CARRIAGE BY AIR ACT,

1972, TO CARRIAGE BY

AIR WHICH IS NOT INTERNATIONAL

(MARCH 30, 1973)

Ministry of Tourism and Civil Aviation

(i)

in sub-section (1) for the words ‘on the

First Schedule and the Second Schedule’,

S.O. 186(E).- In exercise of the powers

the words “in the Second Schedule as

conferred by sub-section (2) of section 8 of the

applicable to carriage by air not being

Carriage by Air Act 1972 (69 of 1972) and in

international carriage by air”, shall be

supersession of the notification of the

subsituted;

Government of India in the late Ministry of

Transport (Civil Aviation Wing), No. G.S.R.

(ii)

in sub-section (5) for the portion

1967, dated the 17th December, 1963, except

beginning with the words ‘of the First

as respects things done or omitted to be done,

Schedule’ and ending with the words

the Central Government hereby directs that

‘passenger in question’, the words “of

with effect from the 1st April 1973, section 4,

the Second Schedule as applicable to

section 5 and section 6 of that Act and the rules

carriage by air, not being international

contained in the Second Schedule to that Act

carriage by air’ shall be substituted;

shall apply to all carriage by air not being

section 6 shall be omitted;

international carriage by air as defined in the

said Second Schedule, irrespective of the

in the Second Schedule,

nationality of the aircraft performing the

(a)

for the brackets, words and figure ‘(See

carriage, subject to the following exceptions,

section 4), occurring below the heading

adaptations and modifications, namely:-

‘Second Schedule’ the brackets and words

1. In the said Act, -

“(As applicable to carriage by air, not

being international carriage)” shall be

in section 4,-

substituted;

(i) sub-section

(1),

(2) and (3) shall be

(b)

the word “Definitions” forming part of

omitted;

the heading of Chapter I shall be omitted;

(ii) in sub-section (4) after the words

(c)

in rule 1,-

‘Second Schedule’ the words “as

applicable to carriage by Air, not being

(i) in

sub-rule

(1)

the word

international carriage by air’ shall be

“international” shall be omitted;

inserted;

(ii) sub-rule (2) shall be omitted;

2. in section 5,-

(iii) for sub-rule (3) the following sub-

rule shall be substituted, namely:-

144

NOTIFICATION REGARDING APPLICATION OF THE CARRIAGE BY AIR ACT, 1972, TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

CHAP. XI

“(3) For the purposes of these rules,

(vii) to carriage of employees of the

‘carriage by air, not being inter-

carrier when they are carried for

national carriage’ means any car-

the purpose of performing any

riage in which according to the

duties assigned to them by the

agreement of the parties, the

carrier on the aircraft.”

place of departure and destina-

(e)

in Chapter II, parts I and II containing

tion are both situated in India

rules 3 and 4 shall be omitted.

and there is no agreed stopping

place outside India.”

(f)

in rule 5,-

(iv) in sub-rule (4), the portion beginning

(i) for sub-rule (1), the following sub-

with the words ‘whether it had been

rule shall be substituted, namely:-

agreed’ and ending with words

“(1) Every carrier of cargo has right

‘within the territory of the same

to require the consignor to

State’ shall be omitted;

make out and hand over to him

(d) for rule 2, the following rule shall be

an air-way-bill”;

substituted, namely :-

(ii) in

sub-rule

(2), the word

“2.These rules shall not apply-

“irregularity” and the words ‘subject

to provisions of rule 9’ shall be

(i) to carriage by air in any aircraft

omitted;

belonging to, or exclusively

employed for the purposes of

(g) rules 6.8 and 9 shall be omitted;

the armed forces of the Union;

(h) in rule 10,-

(ii) to carriage by air, performed by

(i) in sub-rule (1), after the words ‘Air-

the Government, whether Cen-

way-bill’ the words “if any” shall be

tral or State;

inserted;

(iii) to carriage of mails;

(ii) in

sub-rule

(2), the word

(iv) to carriage by air of persons per-

‘irregularity’ shall be omitted.

formed for the purpose of train-

(i)

in rule 11,-

ing of such persons;

(i) in sub-rule (2), after the word ‘air-

(v) to carriage by aircraft belong-

way-bill’ the words “if any” shall be

ing to or operated by the Civil

inserted;

Aviation Training Centre of the

Government of India or a Club,

(ii) for sub-rule (2), the following sub-

whose main purpose is to im-

rule shall be subsituted, namely:-

part training in flying or glid-

“(2) Any statements in the air-way-

ing, whether such aircraft is en-

bill relating to the weight, di-

gaged in carrying persons for

mensions and packing of the

the purposes of training or oth-

cargo or relating to number of

erwise;

packages, are prima facie evi-

(vi) to carriage of cargo or persons

dence of the facts stated; any

performed for the purpose of

such statements relating to the

dropping goods from an aircraft;

quantity, volume and condition

145

NOTIFICATION REGARDING APPLICATION OF THE CARRIAGE BY AIR ACT, 1972, TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

CHAP. XI

of the cargo do not constitute

‘attach to the air-way-bill such

evidence against the carrier ex-

documents as are necessary to meet the

cept so far as they both have

formalities of customs’, the words

been and are stated in the air-

“documents as are necessary to meet the

way-bill to have been checked

formalities of customs, excise” shall be

by him in the presence of the

substituted;

consignor, or relate to the ap-

(n)

for rule 19, the following rule shall be

parent condition of the cargo”;

substituted, namely :-

(j) in rule 12,-

“19. In the absence of a contract to

(i) in sub-rule (1) for the words

the contrary the carrier is not to be

‘consignee named in the air-way-

liable for damage occasioned by

bill’ the words “original consignee”

delay in the carriage by air of

shall be substituted;

passengers, baggage or cargo.”

(ii) sub-rule (3) shall be omitted;

(o)

for rule 20, the following rule shall be

constituted, namely :-

(iii) in sub-rule (4), for the words, “the

“20. In the carriage of baggage and

waybill” the words, “air-way-bill, if

cargo the carrier is not liable if he

any” shall be inserted;

proves that the damage was

(k)

in rule 13 in sub-rule (1) for the words

occasioned by negligent pilotage or

‘to hand over to him in the air-way-bill

negligence in the handling of the

and to deliver the cargo to him, on

aircraft or in navigation and that, in

payment of the charges due and on

all other repects, he and his agents

complying with the conditions of

have taken all necessary measures

carriage set out in the air-way-bill’, the

to avoid the damage or that it was

words “to deliver the cargo to him, on

impossible for him or them to take

payment of the charges and on complying

such measures.”

with the conditions of the contract of

(p)

in rule 22,-

carriage”, shall be substituted;

(i) for sub-rule (1) the following sub-

(l)

in rule 15,-

rules shall be substituted, namely:-

(i) for sub-rule (2) the following sub-

*“(1) In the event of death of a pas-

rule shall be substituted, namely :-

senger, or any bodily injury or

“The provisions of rules 12,13

wound suffered by a passenger

and 14 can only be varied by

which results in a permanent dis-

express provisions in the air-

ablement incapacitating him

way-bill or by written agreement

from engaging in or being oc-

between the parties to that ef-

cupied with his usual duties or

fect.”

business or occupation, the li-

ability of the carrier for each

(ii) in sub-rule (3) after the words

passenger shall be Rs.5,00,000,

‘negotiable air-way-bill’ the words

if the passenger is 12 or more

“if any” shall be inserted.

years of age, and Rs.2,00,000,

(m) in rule 16, in sub-rule (1) for the words

if the passenger is below

146

NOTIFICATION REGARDING APPLICATION OF THE CARRIAGE BY AIR ACT, 1972, TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

CHAP. XI

years of age on the date of the

“by” shall be substituted;

accident. Provided that by spe-

(s) rule 29 shall be omitted;

cial contract, the carrier and the

passenger may agree to a higher

(t) in rule 32, in sub-rule (2) for the words

limit of liability.

“inserting in the document of air

carriage”, the words “agreeing to special”

(1A) In the event of wounding of a

shall be substituted;

passenger or any bodily injury

suffered by the passenger which

(u) for rule 33 the following rule shall be

results in a temporary disable-

substituted, namely :-

ment entirely preventing an in-

“33. Any clause contained in the

jured passenger from attending

contract and any special agreement

to his usual duties or business

entered into before the damage

or occupation, the liability of

occurred by which the parties

the carrier for each passenger

purport to infringe the rules laid

shall be limited to a sum calcu-

down by this Schedule, shall be null

lated at the rate of Rs.500 per

and void. Nevertheless, for the

day, the period during which the

carriage of cargo, arbitration clauses

continues to be so disabled or a

are allowed subject to these rules.

sum of Rs.1,00,000, whichever

(v) in rule 34 for the word ‘regulations’ the

is less.”

word “stipulations” shall be substituted;

* (S.O. 659 (E) dated 22nd August, 1989)

(w) rule 35 is omitted.

(ii) in clause (a) of sub-rule (2) for the

Note - The provisions of sections 4,5 and 6

figures and words “250 francs” the

and the rules contained in the Second

words “repees three hundred shall

Schedule as so excepted, adapted and

be substituted;

modified are for the convenience of

(iii) in sub-rule (3) for the figures and

reference set out in the Annexure to

words “5,000 francs”, the words

this notification.

“rupees two thousand” shall be

ANNEXURE

substituted;

(Sections 4, 5 and 6 Schedule II as excepted,

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

adapted and modified)

(q) in rule 23, in sub-rule (1) for the words

(1) Omitted.

“any provision in a contract of carriage”

shall be substituted;

(2) Omitted.

(r) in rule 27,-

(3) Omitted.

(i) in sub-rule

(1) for the word

4. (4) Any reference in the Second Schedule,

“document”, the word “contract”

as applicale to carriage by air not being

shall be substituted;

international carriage by air, to agents of the

carrier shall be construed as including a

(ii) in sub-rule (3), for the words “in

reference to servants of the carrier.

writing upon the document of

carriage or by separate” the word

147

NOTIFICATION REGARDING APPLICATION OF THE CARRIAGE BY AIR ACT, 1972, TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

CHAP. XI

5. (1) Notwithstanding anything contained

after deducting any costs not recovered from

in the Indian Fatal Accidents Act, 1855, or any

the defendant, shall be divided between the

other enactment or rule of law in force in any

persons entitled in such proportion as the Count

part of India, the rules contained in the Second

may direct.

Schedule as applicable to the carriage by air,

(5) The Court before which any such action

not being international carriage by air, shall, in

is brought may, at any stage of the proceedings,

all cases to which those rules apply, determine

make any such order as appears to the Court to

the liability of a carrier in respect of the death

be just and equitable in view of the provisions

of a passenger.

of the Second Schedule, as applicable to carriage

(2) The liability shall be enforceable for the

by air, not being international carriage by air,

benefit of such of the member of the passengers’

limiting the liability of a carrier.

family as sustained damage by reason of his

THE SECOND SCHEDULE

death.

(As applicable to carriage by air not

Explanation.- In this sub-section the

being international carriage)

expression ‘member of a family’ means wife or

husband, parent, step-parent, grand-parent,

RULES

brother, sister, half-brother, half-sister, child,

CHAPTER I

step-child and grand child :

SCOPE

Provided that in deducing any such

relationship as aforesaid any illegitimate person

1. (1) These rules apply to all carriage of

and any adopted person shall be treated as being,

persons, baggage or cargo performed by aircraft

or as having been, the legitimate child of his

for reward. They apply also to such carriage

mother and reputed father or, as the case may

when performed gratuitously by an air transport

be, of his adopters.

undertaking.

(3) An action to enforce the liability may be

(2) Omitted.

brought by the personal representative of the

(3) For the purposes of these rules, ‘carriage

passenger or by any person for whose benefit

by air not being international carriage’, means

the liability is under sub-section (2) enforceable,

any carriage in which according to the intention

but only one action shall be brought in India in

of the parties, the place of departure and the

respect of the death of any one passenger, and

place of destination are both situated in India

every such action by whomsoever brought shall

and there is no agreed stopping place outside

be for the benefit of all such persons so entitled

India.

as aforesaid as either are domiciled in India or

(4) Carriage to be performed by several

not being domiciled there express a desire to

successive air carriers is deemed, for the

take the benefit of the action.

purposes of these rules, to be one undivided

(4) Subject to the provisions of sub-section

carriage, if it has been regarded by the parties as

(5), the amount recovered in any such action,

a single operation.

148

NOTIFICATION REGARDING APPLICATION OF THE CARRIAGE BY AIR ACT, 1972, TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

CHAP. XI

These rules do not apply-

the contract of carriage which shall be

nonetheless governed by these rules.

(i)

to carriage by air in any aircraft belonging

to, or exclusively employed for the

6. Omitted.

purposes of the armed forces of the

7. The carrier of cargo has the right to

Union :

require the consignor to make out separate air-

(ii)

to carriage by air, performed by the

way-bill when there is more than one package.

Government, whether Central or State;

8. Omitted.

(iii)

to carriage of mails;

9. Omitted.

(iv)

to carriage by air of persons performed

10. (1) The consignor is responsible for the

for the purpose of training of such

correctness of the particulars an statement

persons;

relating to the Cargo which he inserts inn the

(v) to carriage by aircraft belonging to or

air-way-bill, if any.

operated by the Civil Aviation Training

(2) The consignor shall indemnify the carrier

Centre of the Government of India or a

against all damage suffered by him, or by any

Club, whose main purpose is to impact

other person to whom the carrier is liable by

training in flying or gliding, whether

reason of incorrectness or incompleteness of

such aircraft is engaged in carrying

the particulars and statements furnished by the

persons for the purposes of training or

consignor.

otherwise;

11. (1) The air-way-bill, if any, is prima

(vi)

to carriage of cargo of persons

facie evidence of the conclusion of the contract

performed for the purpose of dropping

of the receipt of the cargo and the conditions of

goods from an aircraft;

carriage.

(vii)

to carriage of employees of the carrier

(2) Any statements in the air-way-bill

when they are carried for the purpose of

relating to the weight, dimension and packing

performing any duties assigned to them

of the cargo or relating to a number of packages,

by the carrier on the aircraft.

are prima facie evidence of the facts stated; any

CHAPTER II

such statements relating to the quantity, volume

and condition of the cargo do not constitute

DOCUMENTS OF CARRIAGE

evidence against the carrier except so far as

Parts I and II containing rules 3 and 4 omitted.

they both have been, and are stated in the air-

way-bill to have been checked by him in the

Part III- Air-way-bill

presence of the consignor, or relate to the

(5) (1) Every carrier of cargo has a right to

apparent condition of the cargo.

require the consignor to make out and hand over

12. (1) Subject to his liability to carry out

to him an air-way-bill.

all his obligations under the contract of carriage,

(2) The absence or loss of this document

the consignor has the right to dispose of the

does not affect the existence or the validity of

cargo by withdrawing it at the aerodrome of

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CHAP. XI

departure or destination, or by stopping it in the

14. The consignor and the consignee can

course of the journey on any landing or by

respectively enforce all the rights given to them

caling for it to be delivered at the place of

by rules 12 and 13, each in his own name,

destination or in the course of journey to a

whether he is acting in his own interest or in the

person other than the original consignee or by

interest of another, provided that he carries out

requiring it to be returned to the aerodrome of

the obligations imposed by the contract.

departure. He must not exercise this right of

15. (1) Rules 12,13 and 14 do not affect

disposition in such a way as to prejudice to the

either the relations of the consignor or the

carrier or other consignors and he must repay

consignee with each other or the mutual relations

any expenses occasioned by the exercise of

of third parties whose rights are derived either

this right.

from the consignor or from the consignee.

(2) If it is impossible to carry out the orders

(2) The provisions of rules 12,13 and 14 can

of the consignor, the carrier must so inform

only be varied by express provisions in the air-

him forthwith.

way-bill or by written agreement between the

(3) Omitted.

parties to that effect.

(4) The right conferred on the consignor

(3) Nothing in these rules prevents the issue

ceases at the moment when that of the consignee

of a negotiable air-way-bill, if any.

begins in accordance with rule 13. Nevertheless,

16. The consignor must furnish such

if the consignee declines to accept the air-way-

information and documents as are necessary to

bill, if any, or the cargo, or if it cannot be

meet the formalities of customs, excise, octroi

communicated with, the consignor resumes his

or police before the cargo can be delivered to

right of disposition.

the consignee. The consignor is liable to the

13. (1) Except in the circumstances set out

carrier for any damage occasioned by the

in the preceding rule, the consignee is entitled

absence, insufficiency or irregularity of any

on arrival of the cargo at the place of destination

such information or documents, unless the

to require the carrier to deliver the cargo to

damage is due to fault of the carrier or his

him, on payment of the charges due and on

servants or agents.

complying with the conditions of the contract

(2) The carrier is under no obligation to

of carriage.

enquire into the correctness or sufficiency of

(2) Unless it is otherwise agreed, it is the

such information or documents.

duty of the carrier to give notice to the consignee

CHAPTER III

as soon as the cargo arrives.

LIABILITY OF THE CARRIER

(3) If the carrier admits the loss of the cargo,

17. The carrier is liable for damage sustained

or if the cargo has not arrived at the expiration

in the event of the death or wounding of a

of seven days after the date on which it ought to

passenger or any other bodily injury suffered

have arrived, the consignee is entitled to put

by a passenger, if the accident which caused the

into force against the carrier the rights which

flow from the contract of carriage.

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CHAP. XI

damage so sustained took place on board the

of the injured person, the Court may, in

air-craft or in the course of any of the operations

accordance with the provisions of its own law,

of embarking or disembarking.

exonerate the carrier wholly or partly from his

liability.

18. (1) The carrier is liable for damage

sustained in the event of the destruction or loss

22. (Ia) In the event of death of a passenger,

of, or of damage to, any registered baggage or

or any bodily injury or wound suffered by a

any cargo, if the occurrence which caused the

passenger which results in a permanent

damage so sustained took place during the

disablement incapacitating him from engaging

carriage by air.

in or being occupied with his usual duties or

business or occupation, the liability of the carrier

(2) The carrier by air within the meaning of

for each passenger shall be Rs. 7,50,000 if the

the preceding sub-rule comprises the period

passenger is 12 or more years of age and

during which the baggage or cargo is in charge

Rs. 3,75,000 if the passenger is below 12 years

of the carrier, whether in an aerodrome or on

of age on the date of accident;

board an aircraft, or, in the case off a landing

outside an aerodrome, in any place whatsoever.

(Ib) Provided that by special contract, the

carrier and the passenger may agree to a higher

(3) The period of the carriage by air does

limit of liability.

not extend to any carriage by land, by sea or by

river performed outside an aerodrome. If,

(Ic) In the event of wounding of a passenger

however, such a carriage takes place in the

or any bodily injury suffered by the passenger

performance of a contract for carriage by air,

which results in a temporary disablement

for the purpose f loading, delivery or

entirely preventing an injured passenger from

transhipment, any damage is presumed subject

attending to his usual business or occupation or

to proof to the contrary, to have been the result

duties, the liability of the carrier for each

of an event which took place during the carriage

passenger shall be limited to a sum calculated

by air.

at the rate of Rs.500 per day, for every day

during which he continues to be so disabled or

19. In the absence of a contract to the

a sum of Rs.1,00,000 whichever is less.

contrary, the carrier is not to be liable for

damage occasioned by delay in the carriage by

(2) (a) In the carriage of registered baggage

air of passengers, baggage or cargo.

and of cargo, the liability of the carrier is

limited to a sum of rupees two hundred per

20. In the carriage of baggage and cargo the

kilogramme, unless the passenger or consignor

carrier is not liable if he prove that the damage

has made, at the time when the package was

was occasioned by negligent pilotage or

handed over to the carrier, a special declaration

negligence in the handing of the aircraft or in

of interest in delivery at destination and has

navigation and that, in all other respects, he and

paid a supplementary sum if the case so requires.

his agents have taken all necessary measures to

In that case the carrier will be liable to pay sum

avoid the damage or that is was impossible for

not exceeding the declared sum, unless he proves

him or them to take such measures.

that that sum is greater than the passenger’s or

21. If the carrier proves that the damage was

consignor’s actual interest in delivery at

caused by or contributed to by the negligence

destination.

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CHAP. XI

(2)(b) In the case of loss, damage or delay

any such provision does not involve the nullity

of part of registered baggage or cargo, or of any

of the whole contract which shall remain subject

object contained therein, the weight to be taken

to the provisions of these rules.

into consideration in determining the amount

(2) Sub-rule (1) of this rule shall not apply

to which the carrier’s liability is limited shall

to provisions governing loss or damage resulting

be only the total weight of the package or

from the inherent defect, quality or vice of the

packages concerned. nevertheless, when the

cargo carried.

loss, damage or delay of a part of the registered

baggage or cargo, or of an object contained

24. (1) In the cases covered by rules 18 and

therein, affects the value of other packages

19 any action for damages, however, founded,

covered by the same baggage check or the same

can only be brought subject to the conditions

air-way-bill the total weight of such package or

and limits set out in these rules.

packages shall also be taken into consideration

(2) In the cases covered by rule 17 the

in determining the limit of liability.

provisions of the preceding sub-rule also apply,

(3) As regards objects of which the

without prejudice to the questions as to who are

passenger takes charge himself the liability of

the persons who have the right to bring suit and

the carrier is limited to rupees two thousand

what are their respective rights.

five hundered per passenger.

25. The limits of liability specified in rule

(4) The limits prescribed in this rule shall

22 shall not apply if it is proved that the damage

not prevent the Court from awarding, in

resulted from an act or omission of the carrier,

accordance with its own law, in addition, the

his servants or agents, done with intent to cause

whole or part of the Court costs and of the other

damage or recklesly and with knowledge that

expenses of the litigation incurred by the

damage would probably result; provided that, in

plaintiff. The foregoing provision shall not apply

the case of such act or ommission of a servant

if the amount of the damage awarded, excluding

or agent, it is also proved that he was acting

Court costs and other expenses of the litigation,

within the scope of his employment.

does not exceed the sum which the carrier has

26. (1) If action is brought against a servant

offered in writing to the plaintiff within a period

or agent of the carrier arising out of damage to

of six months from the date of the occurrence

which these rules relate, such servant or agent,

causing the damage, or before the

if he proves that he acted within the scope of his

commencement of the action, if that is latter.

employment, shall be entitled to avail himself

(5) Omitted.

of the limits of liability which that carrier

himself is entitled to invoke under rule 22.

23. (1) Any provision in a contract of carriage

tending to relieve the carrier of liability or to

(2) The aggregate of the amounts recoverable

fix a lower limit than that which is laid down in

from the carrier, his servants and agents in that

these rules shall be null void, but the nullity of

case shall not exceed the said limits.

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CHAP. XI

(3) The provision of sub-rules (1) and (2) of

two years, reckoned from the date of arrival at

this rule shall not apply if it is proved that the

the destination, or from the date on which the

damage resulted from an act or omission of the

air-craft ought to have arrived, or from, the date

servant or agent done with intent to cause damage

of which the carriage stopped.

or recklessly and with knowledge that damage

(2) The method of calculating the period of

would probably result.

limitation shall be determined by the law of the

27. (1) Receipt by the person entitled to

count seized of the case.

delivery of baggage or cargo without complaint

31.

(1) In the case of carriage to be

is prima facia evidence that the same has been

performed by various successive carriers and

delivered in good condition and in accordance

falling within the definition set out in sub-rule

with the contract of carriage.

(3) of rule 1, each carrier who accepts

(2) In the case of damage, the person entitled

passengers, baggage or cargo is subjected to

to delivery must complain to the carrier forthwith

the rules set out in this Schedule, and is deemed

after the discovery of the damage, and at the

to be one of the contracting parties to the

latest within seven days from the date of receipt

contract of the carriage in so far as the contract

in the case of baggage and fourteen days from

deals with that part of the carriage which is

the date of receipt in the case of cargo. In the

performed under his supervision.

case of delay the complaint must be made at the

(2) In the case of carriage of this nature, the

latest within twenty one days from the date on

passenger or his representative can take action

which the baggage or cargo have been placed at

only against the carrier who performed the

his disposal.

carriage during which the accident or the delay

(3) Every complaint be made by notice in

occurred, save in the case where, by express

writing despatched within the times aforesaid.

agreement, the first carrier has assumed liability

for the whole journey.

(4) Failing complaint within the times

aforesaid, no action shall lie against the carrier,

(3) As regards baggage or cargo, the

save in the case of fraud on his part.

passenger or consignor will have a right of

action against the first carrier, and the passenger

28. In the case of the death of the person

or consignee who is entitled to delivery will

liable an action for damages lies in accordance

have a right of action against the first carrier,

with the terms of these rules against those

and further, each may take action against the

legally representing his estate.

carrier who performed the carriage during which

29. Omitted.

the destruction, loss, damage or delay took

place. These carriers will be jointly and severally

30.

(1) The right to damages shall be

liable to the passenger or to the consignor or

extinguished if an action is not brought within

consignee.

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CHAPTER IV

CHAPTER V

PROVISIONS RELATING TO

GENERAL AND FINAL

COMBINED CARRIAGE

PROVISIONS

32. (1) In the case of combined carriage

33. Any clause contained in the contract and

performed partly by air and partly by any other

any special agreement entered into before the

mode of carriage, the provisions of this Schedule

damage occurred by which the parties purport

apply only to the carriage by air, provided that

to infringe the rules laid down by this Schedule

the carriage by air, falls within the terms of rule

shall be null and void. Nevertheless, for the

carriage of cargo, arbitration clauses are allowed

subject to these rules.

(2) Nothing in this Schedule shall prevent

the parties in the case of combined carriage

34. Nothing contained in this Schedule shall

from agreeing to special conditions relating to

prevent the carrier either from refusing to enter

other modes of carriage, provided that the

into any contract of carriage, or from making

provisions of the Schedule are observed as

stipulations which do not conflict with the

regards the carriage by air.

provisions of this Schedule.

35. Omitted.

36. The expression “days” when used in these

rules means current days, not working days.

AIRCRAFT MANUAL (INDIA) VOLUME II (2003) - page 2