The Carriage By Air Act, 1934

¹An Act to give effect in Bangladesh to a Convention for the unification of certain rules relating to international carriage by air. WHEREAS a Convention for the unification of certain rules relating to international carriage by air (hereinafter referred to as the Convention) was, on the 12th day of October, 1929, signed at Warsaw; AND WHEREAS it is expedient that Bangladesh should accede to the convention and should make provision for giving effect to the said convention in Bangladesh; AND WHEREAS it is also expedient to make provision for applying the rules contained in the Convention (subject to exceptions, adaptations and modifications) to carriage by air in Bangladesh which is not international carriage within the meaning of the Convention; It is hereby enacted as follows:-

Section 1. Short title, extent and commencement

(1) This Act may be called the Carriage By Air Act, 1934.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Section 2. Application of the Convention to Bangladesh

(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 Bangladesh in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage.

(2) The Government may, by notification in the official Gazette, certify who are the High Contracting Parties to the Convention, in respect of what territories they are parties, and to what extent they have availed themselves of the Additional Protocol to the Convention, and any such notification shall be conclusive evidence of the matters certified therein.

(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.

(3A) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier.

(4) Notwithstanding anything contained in the Fatal Accidents Act, 1855, or any other enactment or rule of law in force in ²Bangladesh, the rules contained in the First Schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger, and the rules contained in the Second Schedule shall determine the persons by whom and for whose benefit and the manner in which such liability may be enforced.

(5) Any sum in francs mentioned in rule 22 of the First Schedule shall, for the purpose of any action against a carrier, be converted into ³Taka 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.

Section 3. Provisions regarding suits against High Contracting Parties who undertake carriage by air

(1) Every High Contracting Part to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any suit brought in a Court in Bangladesh in accordance with the provisions of rule 28 of the First Schedule to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court and to be a person for the purposes of the Code of Civil Procedure, 1908.

(2) The ⁴Supreme Court may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on.

(3) Nothing in this section shall authorize any Court to attach or sell any property of a High Contracting Party to the Convention.

Section 4. Application of Act to carriage by air which is not international

The Government may, by notification in the official Gazette, apply the rules contained in the First Schedule and any provision of section 2 to such carriage by air, not being international carriage by air as defined in the First Schedule, as may by specified in the notification, subject however to such exceptions, adaptations and modifications, if any, as may be so specified.