Carriage by Air Act, 1972 Section 3 - Bare Act |
| State | Central Government |
| Year | 1972 |
| Section Title | Application of Convention to India |
(1) The rules contained in the First Schedule being the provisions of the Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage.
1[(2) For the purpose of this Act, the High Contracting Parties to the Convention and the date of enforcement of the said Convention shall be such as are included in Part I of the Annexure.]
(3) Any reference in the First Schedule to the territory of any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party.
(4) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier.
2[(5) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part I of the Annexure, any High Contracting Party and on such addition, or as the case may be, omission, such High Contracting Party shall be or shall cease to be, a High Contracting Party.]
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1. Substituted by the Carriage by Air (Amendment) Act, 2009 Previous text was : -
"(2) The Central Government may, by notification in the Official Gazette, certify who are the High Contracting Parties to the Convention, in respect of what territories they are parties and to what extent they have availed themselves of the provisions of rule 36 in the First Schedule and any such notification shall be conclusive evidence of the matters certified therein."
2. Substituted by the Carriage by Air (Amendment) Act, 2009 Previous text was : -
"(5) Every notification issued under sub-section (2) of section 2 of the Indian Carriage by Air Act, 1934 and in force immediately before the commencement of this Act shall be deemed to have been-issued under sub-section (2) of this section and shall continue to be in force until such notification is superseded."