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ACT NO. IV OF 2012

CARRIAGE BY AIR ACT, 2012

An Act to give effect in Pakistan to the Conventions concerning international carriage by air known as the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and consolidate the law and applicable international conventions in relation to international carriage by air

[Gazette of Pakistan, Extraordinary, Part-I, 8th February, 2012]

F. 22(47)/2010-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 6th February, 2012 and is hereby published for general information:—

Whereas, it is expedient to give effect in Pakistan to the Convention concerning international carriage by air known as the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, 1999, and to enable the rules contained in that Convention to be applied, subject to exceptions adaptations and modifications, to carriage by air in Pakistan which is not international carriage within the meaning of the Convention, and to provide for matters connected herewith or ancillary thereto;

AND WHEREAS it is expedient to consolidate the existing law and applicable international conventions in relation to international carriage by air;

It is hereby enacted as follows:—

 

 

1.       Short title, extent and commencement.—(1) This Act may be called the Carriage by Air Act, 2012.

(2)     It extends to the whole of Pakistan.

(3)     It shall come into force at once.

(4)     The applicable provisions of the Carriage by Air Conventions shall have the force of law in Pakistan in relation to any carriage by air to which they apply, irrespective of the nationality of the aircraft performing that carriage:

Provided that the provisions of Carriage by Air Conventions shall not apply to international carriage by air performed and operated directly by the Islamic Republic of Pakistan for non-commercial purposes in respect to its functions and duties as a sovereign state and to the carriage of persons, cargo and baggage for the military authorities on aircraft registered in or leased by the Islamic Republic of Pakistan, the whole capacity of which has been reserved by or on behalf of such authorities.

(5)     Sub-section (4) is subject to other provisions of this Act.

2.       Definitions.—In this Act, unless there is anything is repugnant in the subject or context,—

(a)     "applicable provisions" means,–

          (i)      the provisions of Warsaw Convention, 1929, as set out in the First Schedule;

          (ii)     the provisions of the Warsaw Convention as amended at The Hague, 1955, as set out in the Second Schedule;

          (iii)    the provisions of the Guadalajara Convention, 1961, as set out in the Third Schedule; and

          (iv)    the provisions of the Montreal Convention, 1999, as set out in the Fourth Schedule;

so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons;

(b)     "Carriage by Air Conventions" means,—

          (i)      the Convention known as the Warsaw Convention, 1929;

          (ii)     the Convention known as the Warsaw Convention as amended at The Hague, 1955;

          (iii)    the Convention supplementary to that Convention known as the Guadalajara Convention, 1961; and

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