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The Carriage by Air Act,
1934
[Act No. XX OF 1934]
An Act to give
effect in 2[
WHEREAS a
Convention for the unification of certain rules relating to international
carriage by air (hereinafter referred to as the Convention) was, on the 12th
day of October, 1929, signed at
AND WHEREAS it
is expedient that 2[
AND WHEREAS it
is also expedient to make provision for applying the rules contained in the
Convention (subject to exceptions, adaptions and modifications) to carriage by
air in 2[Pakistan] which is not international carriage within the meaning of
the Convention:
It is hereby
enacted as follows:
1. Short title
extend and commencement - (1) This act may be called the 2* Carriage by Air
Act, 1934.
2[(2) it extends
to the whole of
(3) It shall
come into force on such date3 as the 4[Central Government] may by notification
in the 5[official Gazette], appoint.
2. Application
of the Convention to Pakistan - (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 1[Pakistan] in
relation to any carriage by air to which those rules apply, irrespective of the
nationality of the aircraft performing the carriage.
(2) The
2[Central Government] may, by notification
(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.
5[3A] Any
reference in the First Schedule to agents of carrier shall be construed as
including a reference to servants of the carrier.]
(4)
Notwithstanding anything contained in the Fatal Accidents Act, 1855, or any
other enactment or rule of law in force in any part of 1[Pakistan], the rules
contained in the First Schedule shall, in all cases to which those rules apply,
determine the liability of a carrier in respect of the death of a passenger,
and the rules contained in the Second Schedule shall determine the persons by
whom and for whose benefit and the manner in which such liability may be
enforced.
(5) Any sum in
francs mentioned in rule 22 of the First Schedule shall, for the purpose of any
action against a carrier, be converted into rupees at the rate of exchange
prevailing on the date on which the amount of damages to be paid by the carrier
to be paid by the carrier is ascertained by the Court.
3. Provisions
regarding suits against High Contracting Parties who undertake carriage by
air.- (1) Every High Contracting Party to the Convention who has not availed
himself of the provisions of the Additional Protocol thereto shall, for the
purposes of any suit brought in a Court in 1[Pakistan] in accordance with the
provisions of rule 28 of the First Schedule to enforce a claim in respect of
carriage undertaken by him, be deemed to have submitted to the jurisdiction of
that Court and to be a person for the purposes of the Code of Civil Procedure,
1908.
(2) The High
Court may make rules of procedure providing for all matters which may be
expedient to enable such suits to be instituted and carried on.
(3) Nothing in
this section shall authorize any Court to attach or sell any property of a High
Contracting Party to the Convention.
4. Application
of Act to carriage by air which is not international.- The 2[Central
Government] may, by notification in the 3[official Gazette], apply the rules
contained in the First Schedule and any provision of section 2 to such carriage
by air, not being international carriage by air as defined in the First
Schedule, as may be specified in the notification, subject however to such
exceptions, adaptations and modifications, if any, as may be so specified.
4FIRST
SCHEDULE
(See
Section 2)
RULESCHAPTER
1
SCOPE -
DEFINITIONS
1.- (1) These
rules apply to all international carriage of persons, luggage or goods
performed by aircraft for reward. They apply also to such carriage when
performed gratuitously by an air transport undertaking.
(2) In these
rules "High Contracting Party" means a High Contracting Party to the
Convention.
(3) For the
purposes of these rules the expression "international carriage" means
any carriage in which, according to the contract made by the parties, the place
of departure and the place of destination, whether or not there be a break in
the carriage or a transhipment, are situated either within the territories of
two High Contracting Parties, or within the territory of a single High
Contracting Party, if there is an agreed stopping place within a territory
subject to the sovereignty, suzerainty, mandate or authority of another Power,
even though that Power is not a party to the Convention. A carriage without
such an agreed stopping place between territories subject to the sovereignty,
suzerainty, mandate or authority of the same High Contracting Party is not
deemed to be international for purposes of these rules.
(4) A carriage
to be performed by several successive air carriers is deemed, for the purposes
of these rules, to be one undivided carriage, if it has been regarded by the
parties as a single operation, whether it has been agreed upon under the form
of a single contract or of a series of contracts, and it does not lose its
international character merely because one contract or a series of contracts is
to be performed entirely within a territory subject to the sovereignty,
suzerainty, mandate or authority of the same High Contracting Party.
2.- (1)These
rules apply to carriage performed by the State or by legally constituted public
bodies provided it falls within the conditions laid down in rule 1.
(2) These rules
do not apply to carriage performed under the terms of any international postal
Convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
Part
1.-Passenger ticket
3. -(l) For the
carriage of passengers the carrier must deliver a passenger ticket which shall
contain the following particulars:---
(a) the place and the date of issue;
(b) the place of departure, and of destination;
(c) the agreed stopping places provided, that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration, shall not have the effect of depriving the carriage of its international character;
(d) the name and address of carrier or carriers;
(e) a statement
that the carriage is subjects to the rules relating to liabiliting to liability
contained in this Schedule.
(2)The absence,
irregularity or loss of the passenger ticket does not affect the existence or
the validity of the contract of carriage, which shall none the less be subject
to these rules. Nevertheless, if the carrier accepts a passenger without a
passenger ticket having been delivered he shall not be entitled to avail
himself of those provisions of this Schedule which exclude or limit his
liability.
Part II. -
Luggage ticket
4. (I) For the
carriage of luggage, other than small personal objects of which the passenger
takes 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.
(3) The luggage
ticket shall contain following particulars: -
(a) the place and the date of issue;
(b) the place of departure and of destination;
(c) the name and the address of the carrier or carriers;
(d) the number of the passenger ticket;
(e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket;
(f) the member
and weight of the packages;
(g) the amount
of the value declared in accordance with rule 22 (2);
(h) a statement that the carriage is subject to the rules relating to liability
contained in the Schedule.
(4) The
absence, irregularity or loss of the luggage ticket dose nor (does not) effect
the existence or the validity of the contract of carriage, which shall none the
less be subject to these rules. Nevertheless, if the carrier accepts luggage
without a luggage ticket having been delivered, or if the luggage ticket does
not contain the particulars set out at (d), (f) and (h) of sub-rule (3), the
carrier shall not be entitled to avail himself of those provisions of this
Schedule which exclude or limit his liability.
Part III. -
Air Consignment note
5.-(1) Every
carrier of goods has the right to require the consignor to make out and hand
over to him a document called an "air consignment note"; every
consignor has the right to require the carrier to accept the document.
(2) The
absence, irregularity or loss of this document dose(does) not affect the
existence or the validity of the contract of carriage which shall, subject to
the provisions of rule 9, be none the less governed by these rules.
6.- (1) The air
consignment note shall be made out by the consignor in three original parts and
be handed over with the goods.
(2) The first
part shall be marked "for the carrier"; and shall be signed by the
consignor. The second part shall be marked "for the consignee"; it
shall be signed by the consignor and by the carrier and shall accompany the
goods. The third part shall be signed by the carrier and handed by him to the
consignor after the goods have been accepted.
(3) The carrier
shall sign an acceptance of the goods.
(4) The
signature of the carrier may be stamped: that of the consignor may be printed
or stamped.
(5) If, at the
request of the consignor, the carrier makes out the air consignment note, he
shall be deemed, subject to proof to the contrary to have done so on behalf of
the consignor.
7. The carrier
of goods has the right to require the consignor to make out separate consignor
notes when there is more then one package.
8.The air
consignment note shall contain the following particulars:
(a) the place and the date of its execution;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercise that right the alteration shall not have the effect of depriving the carriage of international character;
(d) the name and address of the consignor;
(e) the name and address of the first carrier;
(f) the name and address of the consignee, if the case so requires
(g) the nature of the goods;
(h) the number of the packages, the method of packing and the particular marks or number upon them;.
(i) the weight, the quantity and the volume or dimensions of the goods;
(j) the apparent condition of the goods and of the packing;
(k) the freight, if it has been agreed upon, the date and place of payment and the person who is to pay it;
(l) if the goods are sent for payment on delivery, the price of the goods and, if the case so requires, the amount of the expenses incurred
(m) the amount of the value declared in accordance with rule 22(2);
(n) the number of parts of the air consignment note;
(o) the
documents handed to the carrier to accompany the air consignment
note;
(p) the time
fixed for the completion of the carriage and a brief note of the
route to be followed ; if these matters have been agreed upon;
(q) a statement
that the carriage is subject to the rules relating to liability
contained in this Schedule.
9. If the
carrier accepts goods without an air consignment note having been made out, or
if the air consignment note does not contain all the particulars set out in
rule 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail
himself of the provisions of this Schedule which exclude or limit his
liability.
10.- (1) The
consignor is responsible for the correctness of the particulars and statements
relating to the goods which he inserts in the air consignment note.
(2) The
consignor will be liable for all damage suffered by the carrier or any other
person by reason of the irregularity, incorrectness or incompleteness of the
said particulars and statements.
11.- (1) The
air consignment note is prima facie evidence of the conclusion of the contract,
of the receipt of the goods and of the conditions of carriage.
(2) The
statements in the air consignment note relating to the weight, dimensions and
packing of the goods, as well as those relating to the number of packages are
prima facie evidence of the facts stated; those relating to the quantity,
volume and condition of the goods do not constitute evidence against the
carrier except so far as they both have been, and are stated in the air
consignment note to have been, checked by him in the presence of the consignor,
or relate to the apparent condition of the goods.
12.-(1) Subject
to his liability to carry out all his obligations under the contract of
carriage, the consignor has the right to dispose of the goods by withdrawing
them at the aerodrome of departure or destination, or by stopping them in the
course of the journey on any landing or by calling for them to be delivered at
the place of destination or in the course of the journey to a person other than
the consignee named in the air consignment note, or by requiring them to be
returned to the aerodrome of departure. He must not exercise this right of
disposition in such a way as to prejudice the carrier or other consignors and
he must repay any expenses occasioned by the exercise of this right.
(2) If it is
impossible to carry out the orders of the consignor the carrier must so inform
him forthwith.
(3) If the
carrier obeys the orders of the consignor for the disposition of the goods
without requiring the production of the part of the air consignment note
delivered to the latter, he will be liable, without prejudice to his right of recovery
from the consignor, for any damage which may be caused thereby to any person
who is lawfully in possession of that part of the air consignment note.
(4) The right
conferred on the consignor ceases at the moment when that of the consignee
begins in accordance with rule 13. Nevertheless, if the consignee declines to
accept the consignment note or the goods, or if he cannot be communicated with,
the consignor resumes his right of disposition.
13.- (1) Except
in the circumstances set out in rule 12, the consignee is entitled, on arrival
of the goods at the place of destination, to require the carrier to hand over
to him the air consignment note and to deliver the goods to him, on payment of
the charges due and on complying with the conditions of carriage set out in the
air consignment note.
(2) Unless it
is otherwise agreed, it is the duty of the carrier to give notice to the
consignee as soon as the goods arrive.
(3)If the
carrier admits the loss of the goods, or if the goods have not arrived at the
expiration of seven days after the date on which they ought to have arrived,
the consignee is entitled to put into force against the carrier the rights
which flow from the contract of carriage.
14. The
consignor and the consignee can respectively enforce all the rights given them
by rules 12 and 13, each in his own name, whether he is acting in his own
interest or in the interest of another, provided that he carries out the
obligations imposed by the contract.
15,- (1) Rules
12, 13 and 14 do not affect either the relations of the consignor or the
consignee with each other or the mutual relations of third parties whose rights
are derived either from the consignor or from the consignee.
(2) The
provisions of rules 12,13 and 14 can only be varied by express provision in the
air consignment note.
16. - (1) The consignor must furnish such information and attach to the air
consignment note such documents as are necessary to meet the formalities of
customs, octroi or police before the goods can be delivered to the consignee.
The consignor is liable to the carrier for any damage occasioned by the
absence, insufficiency or irregularity of any such information or documents,
unless the damage is due to the fault of the carrier or his agents.
(2) The carrier
is under no obligation to enquire into the correctness or sufficiency of such
information or documents.
CHAPTER III
LIABILITY OF
THE CARRIER
17. The carrier
is liable for damage sustained in the event of the death or wounding of a
passenger or any other bodily injury suffered by a passenger, if the accident
which caused the damage so sustained took place on board the aircraft or in the
course of any of the operations of embarking or disembarking.
18.- (1) The
carrier is liable for damage sustained in the event of the destruction or loss
of, or of damage to, any registered luggage or any goods, if the occurrence
which caused the damage so sustained took place during the carriage by air.
(2) The
carriage by air within the meaning of the preceding paragraph comprises the
period during which the luggage or goods are in charge of the carrier, whether
in an aerodrome or on board an aircraft, or, in the case of a landing outside
an aerodrome, in any place whatsoever.
(3) The period
of the carriage by air does not extend to any carriage by land, by sea or by
river performed outside an aerodrome. If, however, such a carriage takes place
in the performance of a contract for carriage by air, for the purpose of
loding, delivery or transhipment, any damage is presumed, subject to proof to
the contrary, to have been the result of an event which took place during the
carriage by air.
19. The carrier
is liable for damage occasioned by delay in the carriage by air of passengers,
luggage or goods.
20.- (1) The
carrier is not liable if he proves that he and his agents have taken all
necessary measures to avoid the damage or that it was impossible for him or
them to take such measures.
(2) In the
carriage of goods and luggage the carrier is not liable if he proves that the
damage was occasioned by negligent pilotage or negligence in the handling of
the aircraft or in navigation and that, in all other respects, he and his
agents have taken all necessary measures to avoid the damage.
21. If the
carrier proves that the damage was caused by or contributed to by the
negligence of the injured person the Court may exonerate the carrier wholly or
partly from his liability.
22.-(1) In the
carriage of passengers the liability of the carrier for each passenger is
limited to the sum of 125,000 francs. Where damages may be awarded in the form
of periodical payments, the equivalent capital value of the said payments shall
not exceed 125,000 francs. Nevertheless, by special contract the carrier and
passenger may agree to a higher limit of liability.
(2) In the carriage
of registered luggage and of goods the liability of the carrier is limited to a
sum of 250 francs per kilogram, unless the consignor has made, at the time when
the package was handed over to the carrier, a special declaration of the value
at delivery and has paid a supplementary sum if the case so requires. In that
case the carrier will be liable to pay a sum not exceeding the declared sum,
unless he proves that the sum is greater than the actual value to the consignor
at delivery.
(3) As regards
objects of which the passenger takes charge himself the liability of the
carrier is limited to 5,000 francs per passenger.
(4) The sums
mentioned in this rule shall be deemed to refer to the French franc consisting
of 65.50 milligrams gold of milesimal fineness 900.
23. Any
provision tending to relieve the carrier of liability or to fix a lower limit
than that which is laid down in these rules shall be null and void, but the
nullity of the such provision does not involve the nullity of the whole
contract, which shall remain subject to the provisions of this Schedule.
24. (1) In the
cases covered by rules 18 and 19 any action for damages, however founded, can
only be brought subject to the conditions and limits set out in this Schedule.
(2)In the cases
covered by rule 17 the provisions of sub-rule (1) also apply, without prejudice
to the questions as to who are the persons who have the right to bring suit and
what are their respective rights.
25.- (1) The
carrier shall not be entitled to avail himself of the provisions of this
Schedule which exclude or limit his liability, if the damage is caused by his
wilful misconduct or by such default on his part as is in the opinion of the
Court equivalent to wilful misconduct.
(2) Similarly
the carrier shall not be entitled to avail himself of the said provisions, if
the damage is caused as aforesaid by any agent of the carrier acting within the
scope of his employment.
26.- (1)
Receipt by the person entitled to delivery of luggage or goods without
complaint is prima facie evidence that the same have been delivered in good
condition and in accordance with the document of carriage.
(2)In the case
of damage, the person entitled to delivery must complain to the carrier
forthwith after the discovery of the damage, and, at the latest, within three
days from the date of receipt in the case of luggage and seven days from the
date of receipt in the case of goods. In the case of delay the complaint must
be made at the latest within fourteen days from the date on which the luggage
or goods have been placed at his disposal.
(3) Every
Complaint must be made in writing upon the document of carriage or by separate
notice in writing dispatched within the times aforesaid.
(4) Failing
complaint within the times aforesaid, no action shall lie against the carrier,
save in the case of fraud on his part.
28. An action
for damages must be brought at the option of the plaintiff, either before the
Court having jurisdiction where the carrier is ordinarily resident, or has his
principal place of business, or has an establishment by which the contract has
been made or before the Court having jurisdiction at the place of destination.
29. The right
of damages shall be extinguished if an action is not brought within two years,
reckoned from the date of arrival at the destination, or from the date on which
the aircraft ought to have arrived, or from the date on which the carnage
stopped.
30.(1) In the
case of carriage to be performed by various successive carriers and falling
within the definition set out in sub-rule (4) of rule 1, each carrier who
accepts passengers, luggage, or goods is subjected to the rules set out in this
Schedule, and is deemed to be one of the contracting parities to the contract
of carriage in so far as the contract deals with that part of the carriage
which is performed under his supervision.
(2) In the case
of carriage of this nature, the passenger or his representative can take action
only against the carrier who performed the carriage during which the accident
or the delay occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey.
(3) As regards
luggage or goods, the passenger or consignor will have a right of action
against the first carrier, and the passenger or consignee who is entitled to
delivery will have a right of action against the last carrier, and further,
each may take action against the carrier who performed the carriage during
which the destruction, loss, damage or delay took place. These carriers will be
jointly and severally liable to the passenger or to the consignor or consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
31.- (1) In the
case of combined carriage performed partly by air and partly by any other mode
of carriage, the provisions of this Schedule apply only to the carriage by air,
provided that the carriage by air falls within the terms of rule 1.
(2) Nothing in
this Schedule shall prevent the parties in the case of combined carnage from
inserting in the document of air carriage conditions relating to other modes of
carriage, provided that the provisions of this Schedule are observed as regards
the carriage by air.
CHAPTER V
GENERAL AND
FINAL PROVIS1ONS
32. Any clause
contained in the contract and all special agreements entered into before the
damage occurred by which the parties purport to infringe the rules laid down by
this Schedule, whether by deciding the law to be applied, or by altering the
rules as to jurisdiction, shall be null and void. Nevertheless for the carriage
of goods arbitration clauses are allowed, subject to these rules, if the
arbitration is to take place in the territory of one of the High Contracting
Parties within one of the jurisdictions referred to in rule 28.
33. Nothing
contained in this Schedule shall prevent the carrier either from refusing to
enter into any contract of carriage, or from making regulations which do not
conflict with the provisions of this Schedule.
34. This
Schedule does not apply to international carriage by air performed by way of
experimental trial by air navigation undertakings with the view to the
establishment of a regular line of air navigation, nor does it apply to
carriage performed in extraordinary circumstances outside the normal scope of
an air carrier's business.
35. The
expression "days" when used in these rules means current days, not
working days.
36. When a High
Contracting Party has declared at the time of ratification of or of accession
to the Convention that the, first paragraph of Article 2 of the Convention
shall not apply to international carriage by air performed directly by the
State, its colonies, protectorates or mandated territories or by any other
territory under its sovereignty, suzerainty or authority, these rules shall not
apply to international carriage by air so performed.
SECOND
SCHEDULE
(See Section
2)
PROVISIONS
AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE DEATH OF A PASSENGER.
1. The
liability shall be enforceable for the benefit of such of the members of the
passenger's family as sustained damage by reason of his death.
In this rule
the expression "member of a family" means wife or husband, parent,
step-parent, grandparent, brother, sister, half-brother, half-sister, child,
step-child, grandchild:
Provided that,
in deducing any such relationship as aforesaid any illegitimate person and any
adopted person shall be treated as being, or as having been, the legitimate
child of his mother and reputed father or, as the case may be, of his adopters.
2. An action to
enforce the liability may be brought by the personal representative of the
passenger or by any person for whose benefit the liability is under the last preceding
rule enforceable, but only one action shall be brought in 1[Pakistan] in
respect of the death of any one passenger, and every such action by whomsoever
brought shall be for the benefit of all such persons so entitled as aforesaid
as either are domiciled in 1[Pakistan], or not being domiciled there, express a
desire to take the benefit of the action.
3. Subject to
the provisions of the next succeeding rule the amount recovered in any such
action, after deducting any costs not recovered from the defendant, shall be
divided between the persons entitled in such proportions as the Court may
direct.
4. The Court
before which any such action is brought may at any stage of the proceedings
make any such order as appears to the Court to be just and equitable in view of
the provisions of the First Schedule to this Act limiting the liability of a
carrier and of any proceedings which have been, or are likely to be, commenced
outside 1[Pakistan] in respect of the death of the passenger in question.
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