The Carriage by Air (Amendment) Act, 2009

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The Carriage by Air (Amendment) Act, 2009 (Act no. 28 of 2009) is one of the Central Government legislation which was enacted by the Parliament of India in the 60th year of the republic of India and the same was assented by the President of India on 20th March, 2009. The provisions of the Act were brought into force on 1st day of July, 2009 by the notification of the Central Government published in the Official Gazette. The ultimate object and purpose of the present enactment was to amend the provisions of the Original enactment being the Carriage by Air Act, 1972. The said Original Act of 1972 was enacted with the view to implement the ‘Warsaw Convention on Unification of Certain Rules Relating to International Carriage by Air’ which was signed on 12th day of October 12, 1929. The said Convention was to apply to all carriage like carriage of passengers, baggage or cargos performed for remuneration. However, the present Amending Act sought to amend the long title of the Original Act to modify its purpose and object, as to extend the provisions of the Montreal Convention signed on the 28th day of May, 1999.

The Original Act in its section 2 provides for certain essential definitions to the used terminologies in the provisions thereof. The said definition clause of that Act is amended by this Amending Act to provide for new sub clause therein dealing with the Montreal Convention, the newly added Annexure to that original Act.

The provision in the Original Act dealing with the applicability of Warsaw Convention in India was contained under section 3 thereof, however the High Contracting parties thereto and enforcement date for such Convention were provided by the Annexure (Part- I) by amending sub section (2) of that provision. And also the Central Government is empowered by this Amending Act to add or delete any such High Contracting Party in that Annexure (part- I) after having taken into consideration the object of the Original Act.

The Original Act was also making provisions in relation to the said Warsaw Convention, as amended by the Hague Protocol, under its section 4 of the Act where the applicability of such amended provisions of the Convention was provided. However, the provisions of this Amending Act sought to add new sub sections to the said section in place of older one and by which the High Contracting Parties to the amended Convention and enforcement date thereof were sought to be modified as per the Annexure (Part- II). And by another sub section the Central Government is empowered by the Amending Act in relation to adding or deleting the High Contracting Parties from such Annexure.

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Moreover, the Amending Act sought to insert a new provision of section 4A to the Original Act, where applicability of the Montreal Convention in India is dealing with as the rules provided under the Third Schedule to the Original Act which were being the Montreal Convention’s provisions as to rights, liabilities of the passengers, carriers, consignors, consignees, etc. are sought to be applied in India for any carriage by Air. Similarly, in section 5 of the Original Act, the mention of First and Second Schedule amended to add mentioning the Third Schedule also.

The Amending Act again sought to insert a new provision of section 6A in the Original Act stating that the same is dealing with conversion of Special Drawing Rights as any sums therein mentioned under Rules 21 and 22 specified under Third Schedule to the Act, are to be converted into rupees for the purpose of any action against a carrier.

The Original Act in its section 8 makes provisions as to applicability of the provisions of the Act to the carriage by Air which is other than International one. However, the provisions of the Amending Act sought addition of new sub section where the Central Government is empowered to notify the applicability of the Rules contemplated in the Third Schedule annexed to the Act and also any provision of as added to Original Act by this Amending Act, in relation to the carriage by Air other than international carriage. And last provision of the Amending Act is provided for inserting the Third Schedule and aforesaid Annexure to the Original Act. The latest amendment on  the Carriage by Air Act is the Carriage by Air (Amendment) Act, 2015.

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Download & Read the Bare Act: The Carriage by Air (Amendment) Act, 2009-pdf

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