THE CARRIAGE BY AIR ACT, 1972 
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ARRANGEMENT OF SECTIONS 
______ 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Application of Convention to India. 
4.  Application of amended Convention to India. 
 4A. Application of Montreal Convention to India. 
5.  Liability in case of death. 
6.  Conversion of frances. 
6A. Conversion of Special Drawing Rights. 
7.  Provisions regarding suits against High Contracting Parties who undertake carriage by air. 
8.  Application of Act to carriage by air which is not international. 
8A. Power to make rules. 
9.  [Repealed.] 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

THE THIRD SCHEDUELE. 

            ANNEXURE 

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THE CARRIAGE BY AIR ACT, 1972 

ACT NO. 69 OF 1972 

[19th December, 1972.] 

An  Act  to  give  effect  to  the  Convention  for  the  unification  of  certain  rules  relating  to  international 
carriage  by  air  signed  at  Warsaw  on  the  12th  day  of  October,  1929  and  to  the  said  Convention  as 
amended  by  the  Hague  Protocol  on  the  28th  day  of  September,  1955  1[and  also  to  the  Montreal 
Convention  signed  on  the  28th  day  of  May,  1999  and  to  make  provision  for]  applying  the  rules 
contained in the said Convention in its original form and in the amended form (subject to exceptions, 
adaptations  and  modifications)  to  non-international  carriage  by  air  and  for  matters  connected 
therewith.  

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Carriage  by  Air  Act, 

1972. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(i) “amended Convention” means the Convention as amended by the Hague Protocol on the 28th 

day of September, 1955; 

(ii)  “Convention”  means  the  Convention  for  the  unification  of  certain  rules  relating  to 

international carriage by air signed at Warsaw on the 12th day of October, 1929. 

3[(iii)  “Montreal  Convention”  means  the  Convention  for  the  unification  of  certain  rules  for 

international carriage by air signed at Montreal on the 28th day of May, 1999; 

(iv) “Annexure” means the Annexure to this Act.] 

3.  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. 

4[(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. 

5[(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.] 

1. Subs. by Act 28 of 2009, s. 2, for “and to make provision for” (w.e.f. 1-7-2009). 
2.  15th  May,  1973,  vide  notification  No.  S.O.  170(E),  dated  23rd  March,  1973,  see  Gazette  of  India,  Extraordinary,  Part  II,             

sec. 3(ii). 

3. Ins. by Act 28 of 2009, s. 3 (w.e.f. 1-7-2009). 
4. Subs. by s. 4,ibid., for sub-section (2) (w.e.f. 1-7-2009). 
5. Subs. by s. 4, ibid., for sub-section (5) (w.e.f. 1-7-2009). 

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4. Application of amended Convention to India.—(1) The rules contained in the Second Schedule, 
being  the  provisions  of  the  amended  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  amended Convention and  the 
date  of  enforcement  of  the  said  amended  Convention  shall  be  such  as  are  included  in  Part  II  of  the 
Annexure. 

(2A)  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 II 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.] 

(3)  Any  reference  in  the  Second  Schedule  to  the  territory  of  any  High  Contracting  Party  to  the 
amended  Convention  shall  be  construed  as  a  reference  to  all  the  territories  in  respect  of  which  he  is  a 
party. 

(4) Any reference in the Second Schedule to agents of the carrier shall be construed as including a 

reference to servants of the carrier. 

2[4A.  Application  of  Montreal  Convention  to  India.—(1)  The  rules  contained  in  the  Third 
Schedule, being the provisions of the Montreal 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. 

(2)  For  the  purpose  of  this  Act,  the  State  Parties  to  the  Montreal  Convention  and  the  date  of 

enforcement of the said Montreal Convention shall be such as are included in Part III of the Annexure. 

(3) Any reference in the Third Schedule to the territory of any State Party to the Montreal Convention 

shall be construed as a reference to all the territories in respect of which he is party. 

(4)  Any  reference  in  the  Third  Schedule  to  agents  of  the  carrier  shall  be  construed  as  including  a 

reference to servants of the carrier. 

(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  III  of  the  Annexure,  any  State  Party  and  on  such  addition,  or,  as  the  case  may  be, 
omission, such State Party shall be or shall cease to be, a State Party.] 

3[(6)  The  Central  Government  may,  having  regard  to  the  objects  of  the  Act,  and  if  it  considers 
necessary or expedient so to do, by notification in the Official Gazette, give effect to the limits of liability, 
revised by the depository under rule 24 of Chapter III of the Third Schedule to this Act, for the purposes 
of  determining  the  liabilities  of  the  carriers  and  extent  of  compensation  for  damages  under  the  said 
Chapter of that Schedule.] 

5. Liability in case of death.—(1) Notwithstanding anything contained in the Fatal Accidents Act, 
1855 (13 of 1855) or any other enactment or rule of law in force in any part of India, the rules contained 
in  4[the  First  Schedule, the Second  Schedule  and  the Third  Schedule]  shall,  in all cases to  which those 
rules apply, determine the liability of a carrier in respect of the death of a passenger. 

(2) The liability shall be enforceable for the benefit of such of the members of the passengers family 

as sustained damage by reason of his death.  

1. Subs. by Act 28 of 2009, s. 5, for sub-section (2) (w.e.f. 1-7-2009). 
2. Ins. by s. 6, ibid.  (w.e.f. 1-7-2009). 
3. Ins. by Act 12 of 2016, s. 2 (w.e.f. 21-3-2016).  
4. Subs. by Act 28 of 2009, s. 7, for “the First Schedule and in the Second Schedule” (w.e.f. 1-7-2009). 

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Explanation.—In  this  sub-section,  the  expression  “member  of  a  family”  means  wife  or  husband, 
parent, step-parent, grand-parent, brother, sister, half-brother, half-sister, child, step-child and grandchild: 

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

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

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

(5) 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  1[the  First 
Schedule or of the Second Schedule or the Third Schedule], as the case may be, limiting the liability of a 
carrier and of any proceedings which have been or are likely to be commenced outside India in respect of 
the death of the passenger in question. 

6. Conversion of frances.—Any sum in francs mentioned in rule 22 of the First Schedule or of the 
Second Schedule, as the case may be, 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 is ascertained by the Court. 

2[6A. Conversion of Special Drawing Rights.—Any sum in Special Drawing Rights mentioned in 
rules 21 and 22 of the Third 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  is  ascertained  by  the  Court  in  accordance  with  the  provisions  of  rule  23  of  the  said  Third 
Schedule.] 

 7.  Provisions  regarding  suits  against  High  Contracting  Parties  who  undertake  carriage  by 
air.—(1) Every High Contracting Party to the Convention or the amended Convention, as the case may 
be,  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 India in accordance with the provisions of rule 28 of the First 
Schedule,  or  of  the  Second  Schedule,  as  the  case  may  be,  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 (5 of 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  authorise  any  Court  to  attach  or  sell  any  property  of  a  High 

Contracting Party to the Convention or to the amended Convention. 

8. Application of Act to carriage by air which is not international.—(1) The Central Government 
may,  by  notification  in  the  Official  Gazette,  apply  the  rules  contained  in  the  First  Schedule  and  any 
provision of section 3 or section 5 or section 6 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. 

(2) The Central Government may, by notification in the Official Gazette, apply the rules contained in 
the Second Schedule and any provision of section 4 or section 5 or section 6 to such carriage by air, not 
being  international  carriage  by  air  as  defined  in  the  Second  Schedule,  as  may  be  specified  in  the 

1. Subs. by Act 28 of 2009, s. 7, for “the First Schedule or of the Second Schedule”(w.e.f. 1-7-2009). 
2. Ins. by s. 8, ibid(w.e.f. 1-7-2009). 

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notification,  subject,  however,  to  such  exceptions,  adaptations  and  modifications,  if  any,  as  may  be  so 
specified. 

1[(3) The Central Government may, by notification in the Official Gazette, apply the rules contained 
in the Third Schedule and any provision of section 4A or section 5 or section 6A to such carriage by air, 
not  being  international  carriage  by  air  as  defined  in  the  Third  Schedule,  as  may  be  specified  in  the 
notification,  subject,  however,  to  such  exceptions,  adaptations  and  modifications,  if  any,  as  may  be  so 
specified.] 

2[8A.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification  in  the  Official 

Gazette, make rules for carrying out the provisions of this Act. 

(2) Every rule made and every notification issued under this Act shall be laid, as soon as may be after 
it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty 
days  which  may  be  comprised in  one session or  in  two  or  more  successive  sessions,  and if,  before  the 
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 
agree  in  making  any  modification  in  the  rule  or  the  notification  or  both  Houses  agree  that  the  rule  or 
notification should not be made or issued, the rule or notification shall thereafter have effect only in such 
modified  form  or  be  of  no  effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or 
annulment  shall  be  without  prejudice  to  the  validity  of  anything  previously  done  under  that  rule  or 
notification.] 

9.  [Repeal.]  Rep.  by  the  Repealing  and  Amending  Act,  1978  (38  of  1978),  s.  2  and  First  Schedule 

(w.e.f. 26-11-1978). 

1. Subs. by Act 28 of 2009, s. 9, for sub-section (3) (w.e.f. 1-7-2009). 
2. Ins. by Act 12 of 2016, s. 3 (w.e.f. 21-3-2016). 

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THE FIRST SCHEDULE 

(See section 3) 

CHAPTER I 

RULES 

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 the 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 OFCARRIAGE 

PartI.—Passenger ticket 

3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the 

following particulars:— 

(a) the place and 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 exercised that right, the alteration shall not have the effect of 
depriving the carriage of its international character; 

(d) the name and address of the carrier or carriers; 

(e)  a  statement  that  the  carriage  is  subject  to  the  rules  relating  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 nonetheless 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.  

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Part II.—Luggage ticket  

4.  (1)  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 the following particulars:— 

(a) the place and date of issue; 

(b) the place of departure and of destination; 

(c) the name and address of the carrier or carriers; 

(d) thenumber of the passenger ticket; 

(e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket; 

(f) the number 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  this 

Schedule.  

(4) The absence, irregularity or loss of the luggage 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 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 
this document. 

(2) The absence, irregularity or loss of this document does not affect the existence or the validity of 
the contract of carriage which shall, subject to the provisions of rule 9, be nonetheless 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 consignment notes 

when there is more than one package.  

8. The air consignment note shall contain the following particulars:— 

(a) the place and date of its execution; 

(b) the place of departure and of destination; 

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(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 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 numbers 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 the 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.  

8 

 
(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  rule13.  Nevertheless,  if  the  consignee  declines  to  accept  the  consignment  note  or  the 
goods, or if he cannot be communicated with, the consignor resumes his rights of dispositions.  

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) Uuless 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 to 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  sub-rule  (1)  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 loading, delivery or transhipment, any damage is presumed, subject 
to proof to the contrary, to have been the result of an event which took place during the carriage by air.  

9 

 
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 1,25,000 francs. Where damages may be awarded in the form of periodical payments, the equivalent 
capital value of the said payments shall not exceed 1,25,000 francs. Nevertheless, by special contract the 
carrier and the 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  kilogramme,  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 that 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 sixty-

five and a half milligrammes gold of millesimal fineness nine hundred.  

23. (1) Any provision tending to relieve the carrier of liability or to fix a lower limit then that which is 
laid down in these rules shall be null and void, but the nullity of any 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 

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 despatched 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. 

10 

 
27. In the case of the death of the person liable, an action for damages lies in accordance with these 

rules against those legally representing his estate.  

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 carriage 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 parties 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 carriage from inserting 
in the document of air carriage conditions ralating 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 PROVISIONS 

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 
jurisdiction 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 
aircarrier’s business.  

35. The expression “days” when used in these rules means current days, not working days. 

11 

 
36. When a High Contracting Party has declared at the time of ratification of or of accession to the 
Convention  that  sub-rule  (1)  of  rule  2  of  these  rules  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. 

12 

 
 
 
THE SECOND SCHEDULE 

 (See section 4) 

RULES 

CHAPTER I 

SCOPE-DEFINITIONS 

1.  (1)  These  rules  apply  to  all  international  carriage  of  persons,  baggage  or  cargo  performed  by 
aircraft  for  reward.  They  apply  equally  to  gratuitous  carriage  by  aircraft  performed  by  an  air  transport 
undertaking.  

(2)  In  these  rules,  “High  Contracting  Party”  means  a  High  Contracting  Party  to  the  amended 

Convention. 

(3)  for  the  purposes  of  these  rules,  the  expression  “International  carriage”  means  any  carriage  in 
which, according to the agreement between 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  the territory  of  another State,  even if that  State  is not  a  High  Contracting 
Party.  Carriage  between  two  points  within  the  territory  of  a  single  High  Contracting  Party  without  an 
agreed stopping place within the territory of another State is not international carriage for the purposes of 
these rules. 

(4) 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 
had 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 the territory of the same State.  

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 shall not apply to carriage of mail and postal packages. 

CHAPTER II 

DOCUMENTS OF CARRIAGE 

Part I.—Passenger ticket 

3. (1) In respect of the carriage of passengers a ticket shall be delivered containing: 

(a) an indication of the places of departure and destination; 

(b) if the places of departure and destination are within the territory of a single High Contracting 
Party, one or more agreed stopping places being within the territory of another State, an indication of 
at least one such stopping place; 

(c) a notice to the effect that, if the passenger’s journey involves an ultimate destination or stop in 
a country other than the country of departure, the amended Convention may be applicable and that the 
amended Convention governs and in most cases limits the liability of carriers for death or personal 
injury and in respect of loss, or damage to, baggage. 

(2) The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the 
contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence 
or the validity of the contract of carriage which shall, nonetheless,be subject to these rules. Nevertheless, 
if,  with  the  consent  of  the  carrier,  the  passenger  embarks  without  a  passenger  ticket  having  been 
delivered, or if the ticket does not include the notice required by sub-rule (1) (c) of this rule, the carrier 
shall not be entitled to avail himself of the provisions of rule 22.  

13 

 
 
 
Part II.—Baggage check 

4.  (1)  In  respect  of  the  carriage  of  registered  baggage,  a  baggage  check  shall  be  delivered,  which, 
unless combined with or incorporated in a passenger ticket which complies with the provisions of sub-
rule (1) of rule 3 shall contain: 

(a) an indication of the places of departure and destination; 

(b) if the places of departure and destination are within the territory of a single High Contracting 
Party, one or more agreed stopping places being within the territory of another State, an indication of 
at least one such stopping place; 

(c) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country 
other than the country of departure, the amended Convention may be applicable and that the amended 
Convention governs and in most cases limits the liability of carriers in respect of loss of, or damage 
to, baggage.  

(2) The baggage check shall constitute prima facie evidence of the registration of the baggage and of 
the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does not 
affect the existence or the validity of the contract of carriage which shall, nonetheless, be subject to these 
rules.  Nevertheless,  if  the  carrier  takes  charge  of  the  baggage  without  a  baggage  check  having  been 
delivered  or if  the  baggage  check  [unless  combined with  or incorporated  in  the  passenger  ticket  which 
complies with the provisions of sub-rule (1) (c) of rule 3] does not include the notice required by sub-rule 
(1) (c) of this rule, he shall not be entitled to avail himself of the provisions of sub-rule (2) of rule 22. 

Part III.—Air waybill 

5. (1) Every carrier of cargo has the right to require the consignor to make out and hand over to him a 
document  called  an  “air  waybill”;  every  consignor  has  the  right  to  require  the  carrier  to  accept  this 
document.  

(2) The absence, irregularity or loss of this document does not affect the existence or the validity of 
the contract of carriage which shall, subject to the provisions of rule 9, be nonetheless governed by these 
rules.  

6. (1) The air waybill shall be made out by the consignor in three original parts and be handed over 

with the cargo.  

(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 cargo. The third part shall be signed by the carrier and handed by him to the consignor 
after the cargo has been accepted.  

(3) The carrier shall sign prior to the loading of the cargo or board the aircraft.  
(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  waybill,  he  shall  be  deemed, 

subject to proof to the contrary, to have done so on behalf of the consignor. 

7. The carrier of cargo has the right to require the consignor to make out separate waybills when there 

is more than one package.  

8. The air waybill shall contain: 

(a) an indication of the places of departure and destination; 

(b) if the places of departure and destination are within the territory of a single High Contracting 
Party, one or more agreed stopping places being within the territory of another State, an indication of 
at least one such stopping place; 

(c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or 
stop in a country other than the country of departure, the amended Convention may by applicable and 
that the amended Convention governs and in most cases limits the liability of carriers in respect of 
loss of, or damage to, cargo.  

14 

 
9.  If,  with  the  consent  of  the  carrier,  cargo  is  loaded  on  board  the  aircraft  without  an  air  waybill 
having been made out, or if the air waybill does not include the notice required by rule 8(c), the carrier 
shall not be entitled to avail himself of the provisions of sub-rule (2) of rule 22.  

10. (1) The consignor is responsible for the correctness of the particulars and statements relating to 

the cargo which he inserts in the air waybill. 

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

11. (1) The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the 

cargo and of the conditions of carriage. 

(2) The statements in the air waybill relating to the weight, dimensions and packing of the cargo, 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 cargo do not constitute evidence against the carrier 
except so far as they both have been, and are stated in the air waybill to have been, checked by him in the 
presence of the consignor, or relate to the apparent condition of the cargo. 

12.  (1)  Subject  to  his  liability  to  carry  out  all  his  obligations  under  the  contract  of  carriage,  the 
consignor  has  the  right  to  dispose  of  the  cargo  by  withdrawing  it  at  the  aerodrome  of  departure  or 
destination,  or  by  stopping  it  in  the  course  of  the  journey  on  any  landing,  or  by  calling  for  it  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  waybill,  or  by  requiring  it  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 cargo without requiring 
the production of the part of the air waybill 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 waybill.  

(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  waybill  or  the  cargo,  or  if  he  cannot  be 

communicated with, the consignor resumes his right of disposition. 

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

(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as 

the cargo arrives. 

(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven 
days after the date on which it 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 to 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 waybill.  

15 

 
(3) Nothing in these rules prevents the issue of a negotiable air waybill.  

16. (1) The consignor must furnish such information and attach to the air waybill such documents as 
are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the 
consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency 
or irregularity of any such information or documents, unless the damage is due to the fault of the carrier 
or his servants or agents.  

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

information or documents. 

CHAPTER III 

LIABILITY OF THE CARRIER 

17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or 
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  liabile  for  damage  sustained  in  the  event  of  the  destruction  or  loss  of,  or  of 
damage to, any registered baggage or any cargo, 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  sub-rule  comprises  the  period  during 
which the baggage or cargo is 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 loading, delivery or transhipment, any damage is presumed, subject 
to proof to the contrary, to have been the result of an event which took place during the carriage by air.  

19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage 

or cargo.  

20. The carrier is not liable if he proves that he and his servants or agents have taken all necessary 

measures to avoid the damage or that it was impossible for him or them to take such measures.  

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

 22. (1) In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 
2,50,000  francs.  Where,  in  accordance  with  the  law  of  the  Court  seized  of  the  case,  damages  may  be 
awarded in the form of periodical payments the equivalent capital value of the said payments shall not 
exceed  2,50,000 francs.  Nevertheless,  by  special  contract, the  carrier  and the  passenger  may  agree  to  a 
higher limit of liability.  

(2) (a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum 
of 250 francs per kilogramme, unless the passenger or consignor has made, at the time when the package 
was handed over to the carrier, a special delaration of interest in delivery at destination and has paid a 
supplementary  sum  if  the  case  so  requires.  In  that  case  the  carrier  will  be  liable  to  pay  a  sum  not 
exceeding the declared sum, unless he proves that that sum is greater than the passenger’s or consignor’s 
actual interest in delivery at destination.  

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

16 

 
waybill,  the  total  weight  of  such  package  or  packages  shall  also  be  taken  into  consideration  in 
determining the limit of liability.  

(3)  As  regards  objects  of  which  the  passenger  takes  charge  himself  the  liability  of  the  carrier  is 

limited to 5,00 francs per passenger.  

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

 (5) The sums mentioned in francs in this rule shall be deemed to refer to a currency unit consisting of 
sixty-five  and  a  half  milligrammes  of  gold  of  millesimal  fineness  nine  hundred.  This  sums  may  be 
converted into national currencies in round figures. Conversion of the sums into national currencies other 
than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies of 
the date of judgment.  

23. (1) 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 any such provision does not involve the 
nullity of the whole contract, which shall remain subject to the provisions of these rules.  

(2) Sub-rule (1) of this rule shall not apply to provisions governing loss or damage resulting from the 

inherent defect, quality or vice of the cargo carried.  

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 these rules.  

(2)  In  the  cases  covered  by  rule  17,  the  provisions  of  the  preceding  sub-rule  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. The limits of liability specified in rule 22 shall not apply if it is proved that the damage resulted 
from  an  act  or  omission  of  the  carrier,  his  servants  or  agents,  done  with  intent  to  cause  damage  or 
recklessly and with knowledge that damage would probably result; provided that, in the case of such act 
or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.  

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

 (2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, 

shall not exceed the said limits.  

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

27.  (1)  Receipt  by  the  person  entitled  to  delivery  of  baggage  or  cargo  without  complaint  is  prima 
facie evidence that the same has 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 seven days from the date of receipt in the case of 
baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint 
must be made at the latest within twenty-one days from the date on which the baggage or cargo have been 
placed at his disposal.  

(3) Every complaint must be made in writing upon the document of carriage or by separate notice in 

writing despatched within the times aforesaid.  

17 

 
(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case 

of fraud on his part.  

28.  In  the case  of  the  death  of  the  person liable,  an action for  damages  lies  in accordance  with  the 

terms of these rules against those legally representing his estate.  

29. (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of 
the  High  Contracting  Parties,  either  before  the  Court  having  jurisdiction  where  the  carrier  is  ordinarily 
resident, or has his principal place of business, or has an estabilishment by which the contract has been 
made or before the Court having jurisdiction at the place of destination.  

(2) Questions of procedure shall be governed by the law of the Court seized of the case.  

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

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

seized of the case.  

31. (1) In the case of carriage to be performed by various successive  carriers and falling within the 
definition  set  out  in  sub-  rule  (3)  of  rule  1,  each  carrier  who  accepts  passengers,  baggage  or  cargo  is 
subjected to the rules set out in this Schedule, and is deemed to be one of the contracting parties 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 baggage or cargo, the passenger or consignor will have a right of action against the 
first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against 
the 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 

32.  (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 carriage 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 PROVISIONS 

33. 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  cargo  arbitration  clauses  are  allowed,  subject  to  these  rules,  if  the 
arbitration is to take place within one of the jurisdictions referred to in sub-rule (1) of rule 29.  

34. 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.  

18 

 
35. The provisions of rules 3 to 9 (inclusive) relating to documents of carriage shall not apply in the 
case  of  carriage  performed  in  extraordinary  circumstances  outside  the  normal  scope  of  an  air  carrier’s 
business.  

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

19 

 
 
 
1[THE THIRD SCHEDULE 

(See section 4A) 

RULES 

CHAPTER I 

SCOPE OF APPLICATION 

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

(2) In these rules, unless the context otherwise requires,— 

(a) “baggage” means both checked baggage and unchecked baggage; 

(b) “days” means calendar days and not working days; 

(c) “depository” means the International Civil AviationOrganisation; 

(d)  “State  Party”  means  a  signatory  or  acceding  State  to  the  Montreal  Convention  whose 

instrument of ratification or accession has been deposited with the depository. 

(3)  For  the  purposes  of  these  rules,  the  expression  “international  carriage”  means  any  carriage  in 
which, according to the agreement between 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  State  Parties,  or  within  the  territory  of  a  single  State  Party  if  there  is  an  agreed  stopping  place 
within the territory of another State, even if that State is not a State Party. A carriage between two points 
within the territory of a single State Party without an agreed stopping place within the territory of another 
State shall not be deemed to be international carriage for the purposes of these rules. 

(4) A carriage to be performed by several successive air carriers shall be 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 shall 
not lose its international character merely because one contract or a series of contracts is to be performed 
entirely within the territory of the same State. 

(5)  These  rules  shall  apply  also  to  carriage  as  set  out  in  Chapter  V,  subject  to  the  terms  contained 

therein. 

2.  (1)  These  rules  shall  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) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration 
in  accordance  with  the  rules  applicable  to  the  relationship  between  the  carriers  and  the  postal 
administration. 

(3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items. 

CHAPTER II 

DOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE CARRIAGE OF PASSENGERS, BAGGAGE 
AND CARGO 

3. (1) In respect of carriage of passengers, an individual or collective document of carriage shall be 

delivered containing— 

(a) an indication of the places of departure and destination; 

(b) if the places of departure and destination are within the territory of a single State Party, one or 
more agreed stopping places being within the territory of another State, an indication of at least one of 
such stopping places. 

1. Ins. by Act 28 of 2009, s. 10 (w.e.f. 1-7-2009). 

20 

 
                                                           
(2) Any other means which preserves the information indicated in sub-rule (1) may be substituted for 
the delivery of the document referred to in that sub-rule. If any such other means is used, the carrier shall 
offer to deliver to the passenger a written statement of the information so preserved. 

(3) The carrier shall deliver to the passenger a baggage identification tag for each piece of checked 

baggage. 

(4) The passenger shall be given written notice to the effect that where these rules are applicable it 
governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, 
or damage to, baggage, and for delay. 

(5) Non-compliance with the provisions of sub-rules (1), (2) and (3) shall not affect the existence or 
the validity of the contract of carriage, which shall, nonetheless, be subject to these rules including those 
relating to limitation of liability. 

4. (1) In respect of the carriage of cargo, an air waybill shall be delivered. 

(2) Any other means which preserves a record of the carriage to be performed may be substituted for 
the  delivery  of  an  air  waybill.  If  such  other  means  are  used,  the  carrier  shall,  if  so  requested  by  the 
consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access 
to the information contained in the record preserved by such other means. 

5. The air waybill or the cargo receipt shall include— 

(a) an indication of the places of departure and destination; 

(b) if the places of departure and destination are within the territory of a single State Party, one or 
more agreed stopping places being within the territory of another State, an indication of at least one of 
such stopping places; and 

(c) an indication of the weight of the consignment. 

6. The consignor may be required, if necessary to meet the formalities of customs, police and similar 
public authorities, to deliver a document indicating the nature of the cargo. This provision shall not create 
for the carrier any duty, obligation or liability resulting therefrom. 

7.  (1) The air waybill shall be made out by the consignor in three original parts. The first part shall be 
marked “for the carrier” and it shall be signed by the consignor. The second part shall be marked “for the 
consignee” and it shall be signed by the consignor and by the carrier. The third part shall be signed by the 
carrier who shall hand it to the consignor after the cargo has been accepted. 

(2) The signature of the carrier and of the consignor may be printed or stamped. 

(3)  If,  at  the  request  of  the  consignor,  the  carrier  makes  out  the  air  waybill,  the  carrier  shall  be 

deemed, subject to proof to the contrary, to have done so on behalf of the consignor. 

8. When there is more than one package— 

(a) the carrier has the right to require the consignor to make out separate air waybills; 

(b) the consignor has the right to require the carrier to deliver separate cargo receipts when the 

other means referred to in sub-rule (2) of rule 4 are used. 

9. Non-compliance with the provisions of rules 4, 5, 6, 7 and 8 shall not affect the existence or the 
validity  of  the  contract  of  carriage,  which  shall,  nonetheless,  be  subject  to  these  rules  including  those 
relating to limitation of liability. 

10. (1) The consignor is responsible for the correctness of the particulars and statements relating to 
the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier 
for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in 
sub-rule (2) of rule 4. The foregoing shall also apply where the person acting on behalf of the consignor is 
also the agent of the carrier. 

21 

 
(2) The consignor shall indemnify the carrier against all damage suffered by it, or by any other person 
to  whom  the  carrier  is  liable,  by  reason  of  the  irregularity,  incorrectness  or  incompleteness  of  the 
particulars and statements furnished by the consignor or on its behalf. 

(3) Subject to the provisions of sub-rules (1) and (2), the carrier shall indemnify the consignor against 
all  damages  suffered  by  it,  or  by  any  other  person  to  whom  the  consignor  is  liable,  by  reason  of  the 
irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on 
its behalf in the cargo receipt or in the record preserved by the other means referred to in sub-rule (2) of 
rule 4. 

11.  (1)  The  air  waybill  or  the  cargo  receipt  shall  be  prima  facie  evidence  of  the  conclusion  of  the 

contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein. 

(2)  Any  statements  in  the  air  waybill  or  the  cargo  receipt  relating  to  the  weight,  dimensions  and 
packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the 
facts  stated  therein;  those  relating  to  the  quantity,  volume  and  condition  of  the  cargo  do  not  constitute 
evidence against the carrier except so far as they both have been, and are stated in the air waybill or the 
cargo  receipt  to  have  been,  checked  by  it  in  the  presence  of  the  consignor,  or  relate  to  the  apparent 
condition of the cargo. 

12.  (1)  Subject  to  its  liability  to  carry  out  all  its  obligations  under  the  contract  of  carriage,  the 
consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, 
or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the 
place  of  destination  or  in  the  course  of  the  journey  to  a  person  other  than  the  consignee  originally 
designated, or by requiring it to be returned to the airport of departure. The consignor shall not exercise 
this right of disposition in such a way as to prejudice the carrier or other consignors and shall reimburse 
any expenses occasioned by the exercise of this right. 

(2)  If  it  is  impossible  to  carry  out  the  instructions  of  the  consignor,  the  carrier  shall  so  inform  the 

consignor forthwith. 

(3) If the carrier carries out the instructions of the consignor for the disposition of the cargo without 
requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier 
shall be liable, without prejudice to its 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 waybill or the cargo 
receipt. 

(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  cargo,  or  cannot  be 
communicated with, the consignor shall resume its right of disposition. 

13.  (1)  Except  when  the  consignor  has  exercised  its  right  under  rule  12,  the  consignee  shall  be 
entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, 
on payment of the charges due and on complying with the conditions of carriage. 

(2) Unless it is otherwise agreed, it shall be the duty of the carrier to give notice to the consignee as 

soon as the cargo arrives. 

(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven 
days after the date on which it ought to have arrived, the consignee shall be entitled to enforce against the 
carrier the rights which flow from the contract of carriage. 

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

15. (1) The provisions of rules 12, 13 and 14 shall not affect either the relations of the consignor and 
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 shall be varied only by express provision in the air waybill 

or the cargo receipt. 

22 

 
16. (1) The consignor shall furnish such information and such documents as are necessary to meet the 
formalities  of customs,  police and any  other public  authorities  before the  cargo  can be  delivered  to  the 
consignee.  The  consignor  shall  be  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, its servants or agents. 

(2)  The  carrier  shall  be  under  no  obligation  to  enquire  into  the  correctness  or  sufficiency  of  such 

information or documents. 

CHAPTER III 

LIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION FOR DAMAGES 

17.  (1)  The  carrier  shall  be  liable  for  damages  sustained  in  case  of  death  or  bodily  injury  of  a 
passenger upon condition only that the accident which caused the death or injury took place on board the 
aircraft or in the course of any of the operations of embarking or disembarking. 

(2) The carrier shall be liable for damages sustained in case of destruction or loss of, or of damage to 
checked baggage upon condition only that the event which caused the destruction, loss or damage took 
place on board the aircraft or during any period within which the checked baggage was in the charge of 
the carrier. However, the carrier shall not be liable if and to the extent that the damage resulted from the 
inherent  defect,  quality  or  vice  of  the  baggage.  In  the  case  of  unchecked  baggage,  including  personal 
items, the carrier is liable if the damage has resulted from its fault or that of its servants or agents. 

(3) If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at 
the expiration of twenty-one days after the date on which it ought to have arrived, the passenger shall be 
entitled to enforce against the carrier the rights which flow from the contract of carriage. 

18. (1) The carrier shall be liable for damages sustained in the event of the destruction or loss of, or 
damage  to,  cargo  upon  condition  only  that  the  event  which  caused  the  damage  so  sustained took  place 
during the carriage by air. 

(2) However, the carrier shall not be liable if and to the extent it proves that the destruction, or loss of, 

or damage to, the cargo resulted from one or more of the following:— 

(a) inherent defect, quality or vice of that cargo; 

(b) defective packing of that cargo performed by a person other than the carrier or its servants or 

agents; 

(c) an act of war or an armed conflict; and 

(d) an act of public authority carried out in connection with the entry, exit or transit of the cargo. 

(3)  The  carriage  by  air  within  the  meaning  of  sub-rule  (1)  comprises  the  period  during  which  the 

cargo is in charge of the carrier. 

(4)  The  period  of  the  carriage  by  air  shall  not  extend  to  any  carriage  by  land,  by  sea  or  by  inland 
waterway  performed  outside  an  airport.  If,  however,  such  carriage  takes  place  in  the  performance  of  a 
contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, 
subject to proof to the contrary, to have been the result of an event which took place during the carriage 
by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport 
for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, 
such carriage by another mode of transport is deemed to be within the period of carriage by air. 

19. The carrier shall be liable for damage occasioned by delay in the carriage by air of passengers, 
baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves 
that it and its servants and agents took all measures that could reasonably be required to avoid the damage 
or that it was impossible for it or them to take such measures. 

20.  If  the  carrier  proves  that  the  damages  was  caused  or  contributed  to  by  the  negligence  or  other 
wrongful  act  or  omission  of  the  person  claiming  compensation,  or  the  person  from  whom  he  or  she 
derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant 

23 

 
to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When 
by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, 
the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that 
the  damage  was  caused  or  contributed  to  by  the  negligence  or  other  wrongful  act  or  omission  of  that 
passenger. This rule applies to all the liability provisions of these rules, including sub-rule (1) of rule 21. 

21.  (1)  For  damages  arising  under  sub-rule  (1)  of  rule  17  not  exceeding  one  lakh  Special  Drawing 

Rights for each passenger, the carrier shall not be able to exclude or limit its liability. 

(2) The carrier shall not be liable for damages arising under sub-rule (1) of rule 17 to the extent that 

they exceed for each passenger one lakh Special Drawing Rights if the carrier proves that— 

(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or 

its servants or agents; or 

(b)  such  damage  was  solely  due  to  the  negligence  or  other  wrongful  act  or omission  of  a  third 

party. 

22. (1) In the case of damage caused by delay as specified in rule 19 in the carriage of persons, the 
liability  of  the  carrier  for  each  passenger  is  limited  to  four  thousand  one  hundred  and  fifty  Special 
Drawing Rights. 

(2) In the carriage of baggage, the liability of the carrier  in the case of destruction, loss, damage or 
delay shall be limited to one thousand Special Drawing Rights for each passenger unless the passenger 
has made, at the time when the checked baggage was handed over to the carrier, a special declaration of 
interest  in  delivery  at  destination  and  has  paid  a  supplementary  sum,  if  so  required.  In  that  case,  the 
carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater 
than the passenger's actual interest in delivery at destination. 

(3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay 
is limited to a sum of seventeen Special Drawing Rights per kilogramme, unless the consignor has made, 
at the time when the package was handed over to the carrier, a special declaration of interest in delivery at 
destination and has paid a supplementary sum, if so required. In that case, the carrier shall be liable to pay 
a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual 
interest in delivery at destination. 

(4) In the case of delay, destruction, loss or damage of part of the cargo, or of any object contained 
therein, the weight to be taken into consideration in determining the amount to which the carrier's liability 
is limited  shall  be  only  the  total  weight  of  the  package  or  packages  concerned.  Nevertheless,  when  the 
delay,  destruction,  loss  or  damage  of  a  part  of  the  cargo,  or  of  an  object  contained  therein,  affects  the 
value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, 
by the same record preserved by other means referred to in sub-rule (2) of rule 4, the total weight of such 
package or packages shall also be taken into consideration in determining the limit of liability. 

(5) The provisions of sub-rules (1) and (2) shall not apply if it is proved that the damage resulted from 
an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and 
with knowledge that damage would probably result: 

Provided that,  in the case of  such  act  or omission of  a  servant  or agent,  it  is  also  proved  that  such 

servant or agent was acting within the scope of its employment. 

(6)  The  limits  prescribed  in  rule  21  and  in  this  rule  shall  not  prevent  the  court  from  awarding,  in 
accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of 
the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the 
amount  of  the  damages  awarded,  excluding  court  costs  and  other  expenses  of  the  litigation,  does  not 
exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from 
the date of the occurrence causing the damage, or before the commencement of the action, if that is later. 

23. The sums mentioned in terms of Special Drawing Right in these rules shall be deemed to refer to 
the Special Drawing Right as defined by the International Monetary Fund and its conversion into national 
currencies  shall,  in  case  of  judicial  proceedings,  be  made  in  accordance  with  the  method  of  valuation 

24 

 
applied by the International Monetary Fund, in effect at the date of the judgment, for its operations and 
transactions. 

24. (1) Without prejudice to the provisions of rule 25 and subject to sub-rule (2), the limits of liability 
prescribed in rules 21, 22 and 23 shall be reviewed by the depository at five-year intervals, the first such 
review to take place at the end of the fifth year following the date of coming into force of these rules. The 
measure of the rate of inflation to be used in determining the inflation factor shall be the weighted average 
of the annual rates of increase or decrease in the Consumer Price Indices of the States whose currencies 
comprise the Special Drawing Right mentioned in rule 23. 

(2) If the review referred to in sub-rule (1) concludes that the inflation factor has exceeded ten per 
cent., the  depositary  shall notify  State  Parties  of  a  revision  of  the  limits  of  liability.  Any  such  revision 
shall become effective six months after its notification to the State Parties. If within three months after its 
notification to the State Parties, a majority of the State Parties register their disapproval, the revision shall 
not  become  effective  and  the  depositary  shall  refer  the  matter  to  a  meeting  of  the  State  Parties.  The 
depositary shall immediately notify all States Parties about the coming into force of any revision. 

(3) Notwithstanding anything contained in sub-rule (1), the procedure referred to in sub-rule (2) shall 
be applied at any time provided that one-third of the State Parties express a desire to that effect and upon 
condition that the inflation factor referred to in sub-rule (1) has exceeded thirty per cent.since the previous 
revision  or since the  date of  entry  into  force  of the Montreal  Convention if  there  has  been  no  previous 
revision.  Subsequent  reviews  using  the  procedure  specified  in  sub-rule  (1)  shall  take  place  at  five-year 
intervals starting at the end of the fifth year following the date of the reviews under the provisions of this 
sub-rule. 

25. A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability 

than those provided for in these rules or to no limits of liability whatsover. 

26. 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 any such provision does not involve the 
nullity of the whole contract, which shall remain subject to the provisions of these rules. 

27. Nothing contained in these rules shall prevent the carrier from refusing to enter into any contract 
of carriage, from waiving any defence available in these rules, or from laying down conditions, which are 
not contrary to the provisions of these rules. 

28.  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  where  the 
aircraft accident results in death or injury of passengers, the carrier shall make advance payments without 
delay  to  a  natural  person  or  persons  who  are  entitled  to  claim  compensation  in  order  to  meet  the 
immediate economic needs of such persons. Such advance payments shall not constitute a recognition of 
liability and may be offset against any amounts subsequently paid as damages by the carrier. 

29.  In  the  carriage  of  passengers,  baggage  and  cargo,  any  action  for  damages,  however  founded, 
whether  under  these  rules  or  in  contract  or  in  tort  or  otherwise,  can  only  be  brought  subject  to  the 
conditions and such limits of liability as are set out in these rules without prejudice to the question as to 
who  are  the  persons  who  have  the  right  to  bring  suit  and  what  are  their  respective  rights.  In  any  such 
action, punitive, exemplary or any other non-compensatory damages shall not be recoverable. 

30. (1) If an action is brought against a servant or agent of the carrier arising out of damage to which 
these  rules  relate,  such  servant  or  agent,  if  they  prove  that  they  acted  within  the  scope  of  their 
employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier 
itself is entitled to invoke under these rules. 

(2) The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, 

shall not exceed the said limits. 

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

25 

 
31. (1) Receipt by the person entitled to delivery of checked baggage or cargo without complaint is 
prima  facie  evidence  that  the  same  has  been  delivered  in  good  condition  and  in  accordance  with  the 
document of carriage or with the record preserved by the other means referred to in sub-rule (2) of rule 3 
and sub-rule (2) of rule 4. 

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

(3) Every complaint shall be made in writing and given or dispatched within the period specified in 

sub-rule (2). 

(4) If no complaint is made within the period specified in sub-rule (2), no action shall lie against the 

carrier, except in the case of fraud committed by the carrier. 

32. In the case of the death of the person liable, an action for damages lies in accordance with these 

rules against those legally representing his or her estate. 

33.  (1)  An  action  for  damages  shall  be  brought,  at  the  option  of  the  claimant  of  damages,  in  the 
territory of one of the State Parties, either before the court of the domicile of the carrier or of its principal 
place of business, or where it has a place of business through which the contract has been made or before 
the court at the place of destination. 

(2) In respect of damage resulting from the death or injury of a passenger, an action may be brought 
before one of the courts mentioned in sub-rule (1), or in the territory of a State Party in which at the time 
of the accident the passenger has his or her principal and permanent residence and to or from which the 
carrier  operates  services  for  the  carriage  of  passengers  by  air,  either  on  its  own  aircraft,  or  on  another 
carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of 
carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with 
which it has a commercial agreement. 

(3) For the purposes of sub-rule (2)— 

(a)  “commercial  agreement”  means  an  agreement,  other  than  an  agency  agreement,  made 

between carriers and relating to the provision of their joint services for carriage of passengers by air; 

(b)  “principal  and  permanent  residence”  means  the  one  fixed  and  permanent  abode  of  the 
passenger at the time of the accident. The nationality of the passenger shall not be the determining 
factor in this regard. 

(4) Questions of procedure shall be governed by the law of the court seized of the case. 

34.(1)  Subject  to  the  provisions  of  this  rule,  the  parties  to  the  contract  of  carriage  for  cargo  may 
stipulate  that  any  dispute  relating  to  the  liability  of  the  carrier  under  these  rules  shall  be  settled  by 
arbitration. Such agreement shall be in writing. 

(2)  The  arbitration  proceedings  shall,  at  the  option  of  the  claimant,  take  place  within  one  of  the 

jurisdictions referred to in rule 33. 

(3) The arbitrator or arbitration tribunal shall apply the provisions of these rules. 

(4) The provisions of sub-rules (2) and (3) shall be deemed to be part of every arbitration clause or 
agreement,  and  any  term  of  such  clause or  agreement  which is  inconsistent therewith shall  be  null and 
void. 

35. (1) The right to damages shall be extinguished if an action is not brought within a period of 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 carriage stopped. 

(2) The  method  of  calculating  the  period  shall  be  determined  by  the  law  of  the  court  seized  of the 

case. 

26 

 
36. (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 which accepts passengers, baggage or cargo shall 
be subject to the provisions of these rules and shall be deemed to be one of the parties to the contract of 
carriage  in  so  far  as  the  contract  deals  with  that  part  of  the  carriage  which  is  performed  under  its 
supervision. 

(2) In the case of carriage of this nature, the passenger or any person entitled to compensation shall be 
entitled to take action only against the carrier which performed the carriage during which the accident or 
the  delay  occurred,  except  where,  by  express  agreement,  the  first  carrier  has  assumed  liability  for  the 
whole journey. 

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

37. Nothing in these rules shall prejudicially affect the right of a person liable for damages to take 

recourse against any other person. 

CHAPTER IV 

COMBINED CARRIAGE 

38.  (1)  In  the  case  of  combined  carriage  performed  partly  by  air  and  partly  by  any  other  mode  of 
carriage, the provisions of these rules shall, subject to the provisions of sub-rule (4) of rule 18, apply only 
to the carriage by air, provided that the carriage by air falls within the meaning of rule 1. 

(2) Nothing in these rules shall prevent the parties in the case of combined carriage from inserting in 
the document of air carriage conditions relating to other modes of carriage, provided that the provisions of 
these rules are observed with regard to carriage by air. 

CHAPTER V 

CARRIAGE BY AIR PERORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER 

39.  The  provisions  of  this  Chapter  shall  apply  when  a  person  (hereinafter  referred  to  as  the 
contracting  carrier)  as  a  principal  makes  a  contract  of  carriage  under  these  rules  with  a  passenger  or 
consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter 
referred to as the actual carrier) performs, by virtue of authority from the contracting carrier, the whole or 
part of the carriage, but is not with respect to such part, a successive carrier within the meaning of these 
rules. Such authority shall be presumed in the absence of proof to the contrary. 

40. If an actual carrier performs the whole or part of carriage which, according to the contract referred 
to in rule 39, is governed by these rules, both the contracting carrier and the actual carrier shall, except as 
otherwise provided in this Chapter, be subject to the provisions of these rules, the former for the whole of 
the carriage contemplated in the contract, the latter solely for the carriage which it performs. 

41.(1)  The  acts  and  omissions  of  the  actual  carrier  and  of  its  servants  and agents  acting  within  the 
scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to 
be also those of the contracting carrier. 

(2) The acts and omissions of the contracting carrier and of its servants and agents acting within the 
scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to 
be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to 
liability exceeding the amounts referred to in rules 21, 22, 23 and 24. Any special agreement under which 
the contracting carrier assumes obligations not imposed by the provisions of these rules or any waiver of 
rights  or  defences  conferred  by  the  provisions  of  these  rules  or  any  special  declaration  of  interest  in 
delivery at destination contemplated in rule 22 shall not affect the actual carrier unless agreed to by it. 

42.  Any  complaint  to  be made  or  instruction  to  be given  under  the  provisions  of  these  rules  to the 
carrier  shall  have  the  same  effect  whether  addressed  to  the  contracting  carrier  or  to  the  actual  carrier. 

27 

 
Nevertheless,  instructions  referred  to  in  rule  12  shall  only  be  effective  if  addressed  to  the  contracting 
carrier. 

43. In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of 
the  contracting  carrier  shall,  if  they  prove  that  they  acted  within  the  scope  of  their  employment,  be 
entitled  to  avail  themselves  of  the  conditions  and  limits  of  liability  which  are  applicable  under  the 
provisions of these rules to the carrier whose servant or agent they are, unless it is proved that they acted 
in a manner that prevents the limits of liability from being invoked in accordance with the provisions of 
these rules. 

44.  In  relation  to  the  carriage  performed  by  the  actual  carrier,  the  aggregate  of  the  amounts 
recoverable from that carrier and the contracting carrier, and from their servants and agents acting within 
the scope of their employment, shall not exceed the highest amount which shall be awarded against either 
the  contracting  carrier  or  the  actual  carrier  under the  provisions  of these  rules, but  none  of  the  persons 
mentioned shall be liable for a sum in excess of the limit applicable to that person. 

45. In relation to the carriage performed by the actual carrier, an action for damages may be brought, 
at the option of the complainant, against that carrier or the contracting carrier, or against both together or 
separately. If the action is brought against only one of these carriers, that carrier shall have the right to 
require the other carrier to be joined in the proceedings, the procedure and effects being governed by the 
law of the court seized of the case. 

46.  Any  action  for  damages  contemplated  in  rule  45  must  be  brought,  at  the  option  of  the 
complainant, in the territory of one of the State Parties, either before a court in which an action may be 
brought against the contracting carrier, as provided under rule 33, or before the court having jurisdiction 
at the place where the actual carrier has its domicile or its principal place of business. 

47. Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability 
under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be 
null  and  void,  but  the  nullity  of  any  such  provision  does  not  involve  the  nullity  of  the  whole  contract, 
which shall remain subject to the provisions of this Chapter. 

48. Except as provided in rule 45, nothing in this Chapter shall affect the rights and obligations of the 

carriers between themselves, including any right of recourse or indemnification. 

CHAPTER VI 

GENERAL AND FINAL PROVISIONS 

49. Any clause contained in the contract of carriage and all special agreements entered into before the 
damage occurred by which the parties purport to infringe the rules laid down by these rules, whether by 
deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. 

50.  State  Parties  shall  require  their  carriers  to  maintain  adequate  insurance  covering  their  liability 
under  the  provisions  of  these  rules.  A  carrier  may  be  required  to  furnish  evidence  that  it  maintains 
adequate insurance covering its liability under the provisions of these rules. 

51. The provisions of rules 3, 4, 5, 7 and 8 relating to the documentation of carriage shall not apply in 
the  case  of  carriage  performed  in  extraordinary  circumstances  outside  the  normal  scope  of  a  carrier’s 
business. 

52. The expression “days” when used in this Schedule means calendar days and not working days. 

28 

 
 
 
[See sub-section (2) of section 3, sub-section (2) of section 4 and sub-section (2) of section 4A] 

ANNEXURE 

Sl.  
No. 

(1) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

PART-I 

High Contracting 
Parties to Convention 

Date of enforcement of  
Convention 

(2) 

Afghanistan 

Algeria 

Angola 

Argentina 

Armenia 

Australia 

Austria 

Azerbaijan 

Bahamas 

Bahrain 

Bangladesh 

Barbados 

Belarus 

Belgium 

Benin 

Bolivia 

(3) 

21st May, 1969 

31st August, 1964 

8th June, 1998 

19th June, 1952 

23rd February, 1999 

30th October, 1935 

27th December, 1961 

23rd April, 2000 

10th July, 1973 

10th June, 1998 

26th March, 1971 

30th November, 1966 

25th December, 1959 

11th October, 1936 

1st August, 1960 

29th March, 1999 

Bosnia and Herzegovina 

6th March, 1992 

Botswana 

Brazil 

30th September, 1966 

13th February, 1933 

Brunei Darussalam 

1st January, 1984 

Bulgaria 

Burkina Faso 

Cambodia 

Cameroon 

Canada 

Cape Verde 

Chile 

China 

Colombia 

Comoros 

23rd September, 1949 

9th March, 1962 

12th March, 1997 

1st January, 1960 

8th September, 1947 

8th May, 2002 

31st May, 1979 

18th October, 1958 

13th November, 1966 

9th September, 1991 

29 

 
 
 
 
Sl.  
No. 

High Contracting 
Parties to Convention 

Date of enforcement of  
Convention 

(1) 

31. 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 

57. 

58. 

59. 

60. 

61. 

(2) 

Congo 

Costa Rica 

Cote d’Ivoire 

Croatia 

Cuba 

Cyprus 

Czech Republic 

(3) 

15th August, 1960 

8th August, 1984 

7th August, 1960 

8th October, 1991 

19th October, 1964 

16th August, 1960 

1st January, 1993 

Democratic People’s 

30th May, 1961 

Republic of Korea 

Democratic Republic of the 
Congo 

30th June, 1960 

Denmark 

1st October, 1937 

Dominican Republic 

25th May, 1972 

Ecuador 

Egypt 

El Salvador 

1st March, 1970 

5th December, 1955 

Equatorial Guinea 

19th March, 1989 

Estonia 

Ethiopia 

Fiji 

Finland 

France 

Gabon 

Germany 

Ghana 

Greece 

Grenada 

Guatemala 

Guinea 

Honduras 

Hungary 

Iceland 

India 

14th June, 1998 

12th November, 1950 

10th October, 1970 

1st October, 1937 

13th February, 1933 

16th May, 1969 

29th December, 1933 

9th November, 1997 

11th April, 1938 

4th May, 1997 

10th December, 1961 

25th September, 1994 

27th August, 1936 

19th November, 1948 

15th August, 1947 

30 

 
 
 
  
  
  
  
Sl.  
No. 

High Contracting 
Parties to Convention 

Date of enforcement of  
Convention 

(1) 

62. 

63. 

64. 

65. 

66. 

67. 

68. 

69. 

70. 

71. 

72. 

73. 

74. 

75. 

76. 

77. 

78. 

79. 

80. 

81. 

82. 

83. 

84. 

85. 

86. 

87. 

88. 

89. 

90. 

91. 

92. 

93. 

(2) 

Indonesia 

(3) 

17th August, 1945 

Iran (Islamic Republic of) 

6th October, 1975 

Iraq 

Ireland 

Israel 

Italy 

Japan 

Jordan 

Kazakhstan 

Kenya 

Kuwait 

26th September, 1972 

19th December, 1935 

6th January, 1950 

15th May, 1933 

18th August, 1953 

25th May, 1946 

12th December, 1963 

9th November, 1975 

Kyrgyzstan 

9th May, 2000 

Lao People’s Democratic 
Republic 

19th July, 1949 

Latvia 

Lebanon 

Lesotho 

Liberia 

13th February, 1933 

22nd November, 1943 

4th October, 1966 

31st July, 1942 

Libyan Arab Jamahiriya 

14th August, 1969 

Liechtenstein 

Lithuania 

Luxembourg 

Madagascar 

Malawi 

Malaysia 

Maldives 

Mali 

Malta 

Mauritania 

Mauritius 

Mexico 

Monaco 

Mongolia 

7th August, 1934 

5th January, 1950 

26th June, 1960 

25th January, 1978 

16th September, 1963 

11th January, 1996 

26th April, 1961 

21st September, 1964 

4th November, 1962 

15th January, 1990 

15th May, 1933 

29th July, 1962 

31 

 
 
 
  
  
  
Sl.  
No. 

High Contracting 
Parties to Convention 

Date of enforcement of  
Convention 

(1) 

94. 

95. 

96. 

97. 

98. 

99. 

100. 

101. 

102. 

103. 

104. 

105. 

106. 

107. 

108. 

109. 

110. 

111. 

112. 

113. 

114. 

115. 

116. 

117. 

118. 

119. 

120. 

121. 

122. 

123. 

124. 

125. 

(2) 

Morocco 

Myanmar 

Nauru 

Nepal 

Netherlands 

New Zealand 

Niger 

Nigeria 

Norway 

Oman 

Pakistan 

Panama 

(3) 

5th April, 1958 

4th January, 1948 

31st January, 1968 

13th May, 1966 

29th September, 1933 

5th July, 1937 

3rd August, 1960 

1st October, 1960 

1st October, 1937 

4th November, 1976 

14th August, 1947 

10th February, 1997 

Papua New Guinea 

16th September, 1975 

Paraguay 

Peru 

Philippines 

Poland 

Portugal 

Qatar 

26th November, 1969 

3rd October, 1998 

7th February, 1991 

13th February, 1933 

18th June, 1947 

22nd March, 1987 

Republic of Korea 

Republic of Moldova 

19th June, 1997 

Romania 

13th February, 1933 

Russian Federation 

18th November, 1934 

Rwanda 

1st July, 1962 

Saint  Vincent  and 
Grenadines 

the 

27th October, 1979 

Samona 

Saudi Arabia 

Senegal 

1st January, 1962 

27th April, 1969 

17th September, 1964 

Serbia and Montenegro 

27th April, 1992 

Seychelles 

Sierra Leone 

Singapore 

22nd September, 1980 

27th April, 1961 

3rd December, 1971 

32 

 
 
 
  
Sl.  
No. 
(1) 
126. 

127. 

128. 

129. 

130. 

131. 

132. 

133. 

134. 

135. 

136. 

137. 

138. 

139. 
140. 
141. 
142. 
143. 
144. 
145. 
146. 
147. 
148. 
149. 

High Contracting 
Parties to Convention 

Date of enforcement of  
Convention 

(3) 

1st January, 1993 

25th June, 1991 

7th July, 1978 

22nd March, 1955 

13th February, 1933 

4th February, 1948 

12th May, 1975 

28th September, 2003 

1st October, 1937 

7th August, 1934 

2nd March, 1959 

17th September, 1991 

30th September, 1980 
4th June, 1970 
31st August, 1962 
13th February, 1964 
23rd June, 1978 
20th March, 1995 
22nd October, 1963 
12th November, 1959 
3rd July, 1986 
15th May, 1933 
3rd March, 1935 

(2) 

Slovakia 

Slovenia 

Solomon Islands 

South Africa 

Spain 

Sri lanka 

Sudan 

Suriname 

Swaziland 

Sweden 

Switzerland 

Syrian Arab Republic 

The former Yugoslav 

Republic of Macedonia 
Togo 
Tonga 
Trinidad and Tobago 
Tunisia 
Turkey 
Turkmenistan 
Uganda 
Ukraine 
United Arab Emirates 
United Kingdom 
United Kingdom for the 
following territories: 
- Bermuda 
- British Antarctic 

Territory 

and 

-Cayman,  Turks, 
Calcos Islands 
-Akrotiri and Dhekelia 
-Falkland 

Islands  and 

Dependencies 
-Hong Kong 
-Monsserrat  St.  Helena  and 

Ascension 

150. 

151. 

152. 

United Republic of Tanzania 

6th July, 1965 

United States 

Uruguay 

29th October, 1934 

2nd October, 1979 

33 

 
 
 
  
  
  
  
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
Sl.  
No. 
(1) 

153. 

154. 

155. 

156. 

157. 

158. 

159. 

Sl. No. 

(1) 
1. 
2. 
3. 
4. 
5. 
6. 

7. 

8. 

9. 

10. 

11. 

12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 

22. 

23. 

24. 

25. 

High Contracting 
Parties to Convention 

Date of enforcement of  
Convention 

(2) 

Uzbekistan 

Vanuatu 

Venezuela 

Vietnam 

Yemen 

Zambia 

Zimbabwe 

(3) 

28th May, 1997 

24th January, 1982 

13th September, 1955 

9th January, 1983 

4th August, 1982 

24th October, 1964 

18th April, 1980 

PART-II 

High Contracting Parties to 
Convention 
(2) 
Afghanistan 
Algeria 
Angola 
Argentina 
Australia 
Austria 

Azerbaijan 

Bahamas 

Bahrain 

Bangladesh 

Belarus 

Belgium 
Benin 
Bosnia and herzegovina 
Brazil 
Bulgaria 
Cambodia 
Cameroon 
Canada 
Cape Verde 
Chile 

China 

Colombia 

Congo 

Costa Rica 

34 

Date of enforcement of 
Convention 

(3) 

21st May, 1969 
31st August, 1964 
8th June, 1998 
10th September, 1969 
1st August, 1963 
24th June, 1971 

23rd April, 2000 

10th July, 1973 

10th June, 1998 

26th March, 1971 

1st August, 1963 

25th November, 1963 
1st August, 1963 
6th March, 1992 
14th September, 1964 
13th March, 1964 
12th March, 1997 
1st August, 1963 
17th July, 1964 
8th May, 2002 
31st May, 1979 

18th November, 1975 

13th November, 1966 

1st August, 1963 

8th August, 1984 

 
 
 
 
Sl. No. 

(1) 

26. 

27. 

28. 

29. 

30. 

31. 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 

57. 

High Contracting Parties to 
Convention 
(2) 

Date of enforcement of 
Convention 
(3) 

Cote d’Ivoire 

Croatia 

Cuba 

Cyprus 

Czech Republic 

Democratic People's Republic of 
Korea 

Denmark 

Dominican Republic 

Ecuador 

Egypt 

El Salvador 

Estonia 

Fiji 

Finland 

France 

Gabon 

Germany 

Ghana 

Greece 

Grenada 

Guatemala 

Guinea 

Hungary 

Iceland 

India 

1st August, 1963 

8th October, 1991 

28th November, 1965 

21st October, 1970 

1st January, 1993 

2nd February, 1981 

1st August, 1963 

25th May, 1972 

1st March, 1970 

1st August, 1963 

1st August, 1963 

14th June, 1998 

10th October, 1970 

23rd August, 1977 

1st August, 1963 

16th May, 1969 

1st August, 1963 

9th November, 1997 

21st September, 1965 

13th November, 1985 

26th October, 1971 

7th January, 1991 

1st August, 1963 

1st August, 1963 

15th May, 1973 

Iran (Islamic Republic of) 

6th October, 1975 

Iraq 

Ireland 

Israel 

Italy 

Japan 

Jordan 

1st August, 1963 

1st August, 1963 

3rd November, 1964 

2nd August, 1963 

8th November, 1967 

13th February, 1974 

35 

 
 
 
 
 
 
Sl. No. 

(1) 

58. 

59. 

60. 

61. 

62. 

63. 

64. 

65. 

66. 

67. 

68. 

69. 

70. 

71. 

72. 

73. 

74. 

75. 

76. 

77. 

78. 

79. 

80. 

81. 

82. 

83. 

84. 

85. 

86. 

87. 

88. 

89. 

90. 

91. 

High Contracting Parties to 
Convention 
(2) 

Kazakhstan 

Kenya 

Kuwait 

Kyrgyzstan 

People’s 

Lao 
Republic 

Latvia 

Lebanon 

Lesotho 

Date of enforcement of 
Convention 
(3) 

28th November, 2002 

4th October, 1999 

9th November, 1975 

9th May, 2000 

Democratic 

1st August, 1963 

31st December, 1998 

8th August, 1978 

15th January, 1976 

Libyan Arab Jamahiriya 

14th August, 1969 

Liechtenstein 

Lithuania 

Luxembourg 

Madagascar 

Malawi 

Malaysia 

Maldives 

Mali 

Mauritius 

Mexico 

Monaco 

Morocco 

Nauru 

Nepal 

Netherlands 

New Zealand 

Niger 

Nigeria 

Norway 

Oman 

Pakistan 

Panama 

Papua New Guinea 

Paraguay 

Peru 

36 

3rd April, 1966 

19th February, 1997 

1st August, 1963 

1st August, 1963 

7th September, 1971 

19th December, 1974 

11th January, 1996 

29th March, 1964 

15th January, 1990 

1st August, 1963 

8th July, 1979 

15th February, 1976 

31st January, 1968 

13th May, 1966 

1st August, 1963 

14th June, 1967 

1st August, 1963 

29th September, 1969 

1st August, 1963 

2nd November, 1987 

1st August, 1963 

10th February, 1997 

16th September, 1975 

26th November, 1969 

3rd October, 1988 

 
Date of enforcement of 
Convention 
(3) 
28th February, 1967 

1st August, 1963 

15th December, 1963 

22nd March, 1987 

11th October, 1967 

19th June, 1997 

1st August, 1963 
1st August, 1963 
27th March, 1991 
3rd March, 2002 

14th January, 1973 
27th April, 1969 
17th September, 1964 
27th April, 1992 
22nd September, 1980 
4th February, 1968 
1st January, 1993 
25th June, 1991 
7th July, 1978 
17th December, 1967 
6th March, 1966 
25th May, 1997 
12th May, 1975 
17th January, 2005 
18th October, 1978 
1st August, 1963 
1st August, 1963 
1st August, 1963 
17th September, 1991 

30th September, 1980 
22nd May, 1977 
8th August, 1983 
13th February, 1964 
23rd June, 1978 
1st August, 1963 
16th January, 1994 
1st June, 1967 
1st June, 1967 

Sl. No. 

(1) 

92. 

93. 

94. 

95. 

96. 

97. 
98. 
99. 
100. 
101. 

102 
103. 
104. 
105. 
106. 
107. 
108. 
109. 
110. 
111. 
112. 
113. 
114. 
115. 
116. 
117. 
118. 
119. 
120. 

121. 
122. 
123. 
124. 
125. 
126. 
127. 
128. 
129. 

High Contracting Parties to 
Convention 
(2) 
Philippines 

Poland 

Portugal 

Qatar 

Republic of Korea 

Republic of Moldova 

Romania 
Russian Federation 
Rwanda 
Saint Vincent and 
the Grenadines 
Samona 
 Saudi Arabia 
Senegal 
Serbia and Montenegro 
Seychelles 
Singapore 
Slovakia 
Slovenia 
Solomon Islands 
South Africa 
Spain 
Sri Lanka 
Sudan 
Suriname 
Swaziland 
Sweden 
Switzerland 
Syrian Arab Republic 
The  former  Yugoslav  Republic 
of Macedonia 
Togo 
Tonga 
Trinidad and Tobago 
Tunisia 
Turkey 
Ukraine 
United Arab Emirates 
United Kingdom 
United  Kingdom 
following territories: 
- Bermuda 
- British Antarctic 
Territory 
- Cayman, Turks, 
and 

for 

the 

Calcos Islands 

37 

 
  
  
 
  
 
  
 
  
 
  
 
  
 
  
 
 
Sl. No. 

(1) 

130. 

131. 

132. 

133. 

134. 

135. 

136. 

137. 

High Contracting Parties to 
Convention 
(2) 

United States 

Uzbekistan 

Vanuatu 

Venezuela 

Vietnam 

Yemen 

Zambia 

Zimbabwe 

Date of enforcement of 
Convention 
(3) 

14th December, 2003 

28th May, 1997 

24th January, 1982 

1st August, 1963 

9th January, 1983 

4th August, 1982 

23rd June, 1970 

25th January, 1981 

PART-III 

Sl. No 

State Parties 

Date of enforcement 

(1) 

(2) 

(3) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

Albania 

Austria 

Bahrain 

Barbados 

Belgium 

Belize 

Benin 

Botswana 

Bulgaria 

Cameroon 

Canada 

Cape Verde 

China 

Colombia 

Cuba 

Cyprus 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

19th December, 2004 

28th June, 2004 

4th November, 2003 

4th November, 2003 

28th June, 2004 

4th November, 2003 

29th May, 2004 

4th November, 2003 

9th January, 2004 

4th November, 2003 

4th November, 2003 

22nd October, 2004 

31st July, 2005 

4th November, 2003 

13th December, 2005 

4th November, 2003 

4th November, 2003 

28th June, 2004 

25th April, 2005 

4th November, 2003 

28th June, 2004 

28th June, 2004 

38 

 
 
 
 
Sl. No 
(1) 

State Parties 
(2) 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

31. 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 

Gambia 

Germany 

Greece 

Hungary 

Iceland 

Ireland 

Italy 

Japan 

Jordan 

Kenya 

Kuwait 

Latvia 

Lebanon 

Lithuania 

Luxembourg 

Maldives 

Malta 

Mexico 

Monaco 

Mongolia 

Namibia 

Netherlands 

New Zealand 

Nigeria 

Norway 

Panama 

Paraguay 

Peru 

Portugal 

Qatar 

Romania 

Saint Vincent and the 
Grenadines 

Saudi Arabia 

Slovakia 

39 

Date of enforcement 
(3) 

9th May, 2004 

28th June, 2004 

4th November, 2003 

7th January, 2005 

16th August, 2004 

28th June, 2004 

28th June, 2004 

4th November, 2003 

4th November, 2003 

4th November, 2003 

4th November, 2003 

15th February, 2005 

14th May, 2005 

29th January, 2005 

28th June, 2004 

30th December, 2005 

4th July, 2004 

4th November, 2003 

17th October, 2004 

4th December, 2004 

4th November, 2003 

28th June, 2004 

4th November, 2003 

4th November, 2003 

28th June, 2004 

4th November, 2003 

4th November, 2003 

4th November, 2003 

4th November, 2003 

14th January, 2005 

4th November, 2003 

28th May, 2004 

14th December, 2003 

4th November, 2003 

 
 
 
Sl. No 

State Parties 

Date of enforcement 

(1) 

57. 

58. 

59. 

60. 

61. 

62. 

63. 

64. 

65. 

66. 

67. 

68. 

69. 

(2) 

Slovenia 

Spain 

Sweden 

(3) 

4th November, 2003 

28th June, 2004 

28th June, 2004 

Switzerland 

5th September, 2005 

Syrian Arab Republic 

4th November, 2003 

The  Former  Yugoslav  Republic 
of Macedonia 

4th November, 2003 

Tonga 

19th January, 2004 

United Arab Emirates 

4th November, 2003 

United Kingdom 

28th June, 2004 

United Republic of Tanzania 

4th November, 2003 

United States 

Vanuatu 

European Community 

4th November, 2003 

8th January, 2006 

28th June, 2004.] 

40 

 
 
