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“Let a Rule Nisi be issued, calling upon Respondents to show cause as to why a direction should not be given upon the respondent No. 1 to place the incident, as reported in Daily Star on 02.07.2011, to the appropriate authority through the Bangladesh Embassy in U.A.E, so that effective steps can be taken against the persons who were instrumental to inflict torture, cruel treatment, torments and thereat to the petitioner and why a direction should not be given upon the respondent No. 7 to pay compensation to the petitioner for the harassment, torture and cruel treatment unleashed upon the petitioner on 28.06.2011 by the Etihad

Airline’s people at Abu Dhabi Airport and/or why such other or further order or orders as this Court may fit and propert, shall not be passed.”

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1. There is no illegality found as per investigation report as the petitioner and her mother knowingly refused to comply with the travel document verification requirements, refused to accept the reasonable instructions of the Etihad Airways staffs, failed to cooperate with them and acted as potential threat to the safety and security of other passengers by proving themselves as unruly and disruptive passengers which is evident from the investigation report (Annexure- I).
2. The place of occurrence was in Abu Dhabi Airport which is outside the territorial jurisdiction of this Hon’ble Court. Moreover, if the petitioners are affected by the decisions of the staffs they must file the complaint case in Abu Dhabi where the occurrence took place.
3. As Etihad Airways are not made a party it is bad in law and suffers from defect of parties. 3 personnel have been made parties although none of them are proper parties to this Writ Petition since they have not role in the functionaries of the Republic of Bangladesh.
4. Relationship between the parties in contractual and both are private entities. The petitioner could file civil suit if she is affected by the decisions of the Airways staffs.
5. Disputed question of facts. Writ petition is decided in a summary basis on affidavit without delving into or deciding any disputed issues of facts.
6. The petitioner filed the instant Writ Petition illegally which is of without any lawful authority and by misleading the Hon’ble Court which is abuse of process of the court.
7. According to the Convention on International Civil Aviation Security Safeguarding International Civil Aviation Against Acts of Unlawful Interference;

Annex 17 to the ICAO Chicago Convention (Convention on International Civil Aviation Security Safeguarding International Civil Aviation Against Act of Unlawful Interference) defines a disruptive passenger as: “A Passenger who fails to respect the rules of conduct at an airport or on board an aircraft or to follow the instructions of the airport staff or crew members and thereby disturbs the good order and discipline at an airport or on board the aircraft.”  Government of Bangladesh ratified this convention.

The Tokyo Convention (1963), also known as The Convention on Offences and Certain Other Acts Committed on Board Aircraft, Makes it unlawful to commit “Acts which, whether or not they are offences [against the penal law of a State], may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.” Government of Bangladesh ratified this convention.

Safety and security and considered the airline industry’s top priorities. Disruptive passengers have, over the past several years, become more prevalent and unruly passenger incidents are currently a very real and serious threat to both safety and security.

8. In Lonrho PLC-Vs-Fayed and others [1993] 1WLR p. 1502 it was stated as follows: “If an action is not brought bonafide for the purpose of obtaining relief but for some ulterior or collateral purpose, it may be struck out as an abuse of process of the court.” Such approach was accepted by the Hon’ble High Court Division of the Supreme Court of Bangladesh in Shaikh Md. Obaidullah Raihan –Vs- Sayed Shahidul Haque Jamal and others (Writ Petition No. 6200 of 2001). Further, in the case of Dow Hager Lawrence –Vs- Lord Norreys and others [1890] 15 AC 210 the House of Lords dismissed an appeal on the ground that it was vexatious and oppressive and abuse of process.

Furthermore, the petitioner obtained the Rule Nisi by misleading the true facts. It was decided by a Civil Order No. 5742 of 2001 between M. A. Kabir Chowdhury –Vs- Md. Mahbubur Rahman Miah and others, the Hon’ble Court has an inherent jurisdiction to make such order as may be necessary for the ends of justice. The Hon’ble Court also went to say as follows: “What has been held in the above cases is that the court has an inherent power under Section 151 of the CPC to set aside its order passed under a misapprehension of facts when true facts and brought to light and that the court had also power under the aforesaid section to vacate an order by misleading the court and practicing fraud upon it.”

9. The Writ Petitioner is the dual citizen of Bangladesh and Canada. The only question is to see whether she had any locus standi and is entitled to get the relief as she prayed for; because Tanzeen Bristy (Writ Petitioner) was boarded by the Guest Service Agent, Mr. Mark Abeledo who greeted and boarded the passengers having Document Verification Unit (DVU) stamp and furthermore, the alleged place of occurrence was in Abu Dhabi Airport and the relationship between the parties was contractual. Moreover, the petitioner and her mother proved themselves as unruly and disruptive passengers. Their belligerent attitude court be detrimental to other passengers on board if they were allowed to fly on that flight.
10. In light of the above it is prayed that this Hon’ble Court may kindly discharge the Rule as this Writ Petition is not maintainable and the Hon’ble Court has no jurisdiction to settle a disputed question of fact which took place in Abu Dhabi.
11. Disruptive behavior in the air is governed internationally by the Tokyo Convention 1963 (the Convention). However, this only applies to actions on board the aircraft after the doors have been closed for take-off, so it cannot be relied upon in this case.

However, it is worth noting that Bangladesh is a signatory of the Convention (but not the Montreal Protocol) and it therefore stands to reason that the constitutional rights of Bangladesh citizens have been deemed to be compatible with the Convention’s provisions.

Specifically, articles 1(1)(b) and 6(1) provide for the commander of an aircraft to order the physical restraint of a passenger where necessary to “Maintain good order and discipline on board”. The Bangladeshi constitution therefore recognizes the need to impinge on an individual’s human rights in the context of ensuring safety and good order on an aircraft.

It might also be argued that, although the incident occurred in the terminal and not on board the aircraft, there seems to be little material difference between (1) denying a passenger the right to board or (2) waiting for the passenger to board, closing the aircraft doors and then removing the passenger from the aircraft on the basis that they pose a risk to the good order of the fight.

12. Contractually there seems to be a clear case for Etihad to deny boarding without compensation on the basis that the passenger breached the terms of their contract. Etihad’s general conditions of carriage state that it has the right to refuse carriage to passengers who

“use threatening, abusive, insulting, harassing or indecent words or behave in a threatening, abusive or insulting manner to ground staff or members of the crew prior to or during boarding the aircraft or disembarkation from or on a connecting flight or on board the aircraft before take-off”

or,

“You do not appear to have valid or lawfully acquired travel documents or your appear in our opinion not to meet requisite visa requirements. You seek to enter a country through which you may be in transit for which you do not have valid travel documents (or meet the visa requirements), you destroy your travel documents during flight or between check-in and boarding or refuse to surrender your travel documents to the flight crew, against receipt, or allow us to copy your travel documents when so requested”.

On the available information it seems that the passenger did not comply with these requirement and that Etihad was therefore contractually entitled to deny boarding.

13. As to the existence of a tortuous duty owned by the airline to the passenger, the English court have suggested that in situations of disruptive passenger behavior, it is the passenger who is breaching their duty to the airline. In R.

v. Lawrence Charles Oliver the court found that:

“It seems to us that travelling on an aeroplane places a special duty on passengers to co-operate with reasonable orders from the cabin and flight crew and to behave in an orderly manner. The safety of the aircraft itself and of the other passengers may be put in jeopardy by a passenger’s unreasonable or disruptive behavior. A relatively small incident may have catastrophic consequences which may not always be foreseen.” 

The same principle will apply if the passenger is found to be unreasonable and disruptive prior to boarding and the only way to deal with the situation is to deny boarding to ensure the safety of the aircraft and of the other passengers.

14. Further, any duty of care that Etihad owes to the disruptive passenger would be outweighed by its duty to all other passengers on the flight. The failure of an airline to ensure that a passenger has the correct documentation and till not disrupt the flight is likely to amount to a breach of the airlines duty to its other passengers.

This supported by the fact that airlines are usually fined by national authorities when they admit a passenger who does not have the correct travel documentation. The current fine for an airline admitting an individual with inadequate documentation to the UK is £2000 (under section 40(2) of the immigration and Asylum Act 1999).  

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Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929

(Warsaw Convention)

Chapter I - Scope – Definitions

Article 1

1. This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
2. For the purposes of this Convention 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 transshipment, 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 this 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 this Convention.
3. A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, 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 a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.

Article 2

1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.
2. This Convention does not apply to carriage performed under the terms of any international postal Convention.

Chapter II - Documents of Carriage Section I - Passenger Ticket

Article 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 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 carrier or carriers;

(e) a statement that the carriage is subject to the rules relating to liability established by this Convention.

2. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. 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 Convention which exclude or limit his liability.

Section II - Luggage Ticket Article 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) the number of the passenger ticket;

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

(f)  the number and weight of the packages;

(g) the amount of the value declared in accordance with Article 22(2);

(h) a statement that the carriage is subject to the rules relating to liability established by this Convention.

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 the rules of this Convention. 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) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability.

Section III - Air Consignment Note Article 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 Article 9, be none the less governed by the rules of this Convention.

Article 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 on 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.

Article 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.

Article 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;

(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 Article 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 established by this Convention.

Article 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 Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability.

Article 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.

Article 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.

Article 12

1. Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.
3. If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air consignment note.
4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.

Article 13

1. Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air consignment note.
2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive.
3. If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

Article 14

The consignor and the consignee can respectively enforce all the rights given them by Articles 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.

Article 15

1. Articles 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 Articles 12, 13 and 14 can only be varied by express provision in the air consignment note.

Article 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 Article 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.

Article 18

1. The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air.
2. The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.

3. The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, 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.

Article 19

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods.

Article 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.

Article 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.

Article 22

1. In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and 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 kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that 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 above shall be deemed to refer to the French franc consisting of 65 « milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figurers.

Article 23

Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention 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 Convention.

Article 24

1. In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.
2. In the cases covered by Article 17 the provisions of the preceding paragraph 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.

Article 25

1. The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be 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.

Article 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.

Article 27

In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.

Article 28

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 establishment 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 seised of the case.

Article 29

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 seised of the case.

Article 30

1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, 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 Article 31

1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.
2. Nothing in this Convention 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 Convention are observed as regards the carriage by air.

Chapter V - General and Final Provisions Article 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 Convention, 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 this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.

Article 33

Nothing contained in this Convention 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 Convention.

Article 34

This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.

Article 35

The expression “days” when used in this Convention means current days not working days.

Article 36

The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.

Article 37

1. This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.
2. As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.

3. It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.

Article 38

1. This Convention shall, after it has come into force, remain open for accession by any State.
2. The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof.
3. The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.

Article 39

1. Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.
2. Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation.

Article 40

1. Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty.
2. Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration.
3. Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.

Article 41

Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.

This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.

Additional Protocol

Additional Protocol (With reference to Article 2)

The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.”

Ef¢l¢õ¢Ma Ju¡lp Le−i ene−L Bj¡−cl A¢d−r −œ hmhv Hhw L¡kÑLl Ll¡l SeÉ The Carriage By Air Act, 1934 fÐZ£a quz h¡wm¡−c−nl pw¢hd¡−e Ae¤−µRc 149 ®j¡a¡−hL Eš² BCe¢V HMeJ AhÉ¡qa Hhw L¡kÑLl B−Rz Eš² BCe¢V ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x

The Carriage By Air Act, 1934

( ACT NO. XX OF 1934 ) [ 19th August, 1934 ]

An 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:-

Short title, extent and commencement

1. (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.

Application of the Convention to Bangladesh

2. (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 [Bangladesh], 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 [Taka] 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.

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

3. (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 [Supreme 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.

Application of Act to carriage by air which is not international

4. 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.

Carriage By Air  [1934: Act XX

FIRST SCHEDULE (See section 2)

RULES CHAPTER I

SCOPE –DEFINITION

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 in 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 purpose 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 the rule 1.

(2) These rules do not apply to carriage performed under the terms of any international postal Convention.

CHAPTER II              DOCUMENTS OF CARRIAGE

Part I. − 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 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 carrier or carriers;

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

liability constained in this Schedule.

(2) The absence, irregularity or loss of the passenger the ticket does not effect the existence or the validity of the contract of carriage, which shall none the less be subject to these rules. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.

Part II. − Luggage ticket

4. (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) the number of the passenger ticket;

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

bearer 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 those 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), he 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 none the less governed by these rules.

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

(2)  The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted.

(3) The carrier shall sign an acceptance of the goods.

(3)  The signature of the carrier may be stamped; that of the consignor may be printed or stamped.

(4)  If, at the request of the consignor, the carrier makes out the 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;

(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in cases 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 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 the packages, are prima facieevidence of the facts stated; those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods.

12.(1)Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or, by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.

(2)  If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.

(3)  If the carrier obeys the order of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the later, 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 cease at the moment when that of the consignee begins in accordance with rule 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicate with, the consignor resumes his right of disposition.

13.(1) Except in the circumstances set out in rule 12, the consignees 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 a carriage set out in the air consignment note.

(2)  Unless it is otherwise agreed, it is the duty of the carrier to

give notice to the consignee as soon as the goods arrive.

(3) If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

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

15.(1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

(2) The provisions of rules 12, 13 and 14 can only be varied by express provision in the air consignment note.

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

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

CHAPTER III

LIABILITY OF THE CARRIER

17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

18.(1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air.

(2)    The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.

(3)    The period of the carriage by air does not extend to any

carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof of the contrary, to have been the result of an event which took place during the carriage by air.

19. The carrier is liable for damage occasioned by delay in the

carriage by air of passengers, luggage or goods.

20. (1) The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.

(2) In the carriage of goods and luggage the carrier is not liable if he proves that the damaged was occasioned by negligent pilot age or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage.

21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may exonerate the carrier wholly or partly from his liability.
22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract the carrier and 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 kilogram, unless the consignor has made at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that 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 65½ milligrams gold of millesimal fineness 900.

23. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provision of this Schedule.

24.(1) In the cases covered by rules 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Schedule.

(2) In the cases covered by rule 17 the provision 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 in the opinion of the Court equivalent to wilful misconduct.

(2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment.

26. (1) Receipt by the person entitled to delivery of luggage or

goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage.

(2)   In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal.

(3)   Every complaint must be made in writing upon the document

of carriage or by separate notice in writing dispatched within the times aforesaid.

(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.

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 ordinary, 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) or 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 carrier 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 relating to other modes of carries, 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 ruler 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 the High Contracting Parties within one of the jurisdictions referred to in rule 28.
33.   Nothing contained in this Schedule shall prevent the carrier either refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Schedule.
34.   This Schedule does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.
35.   The expression "days" when used in these rules means current days, not working days.
36.   When a High Contracting Party has declared at the time of ratification of or accession to the Convention that the first paragraph of Article 2 of the Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority, these rules shall not apply to international carriage by air so performed.

SECOND SCHEDULE (See section 2)

PROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE DEATH OF A PASSENGER

1. The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death.

In this rule their expression "member of a family" means wife or husband, parent, step-parent, grandparent, brother, sister, half- brother, half-sister, child, step-child, grandchild:

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

2. An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under the last preceding rule enforceable, but only one action shall be brought in Bangladesh 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 Bangladesh or, not being domiciled there, express a desire to take the benefit of the action.
3. Subject to the provisions of the next succeeding rule the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the Court may direct.
4. The Court before which any such action is brought may at any stage of the proceedings make any such order appears to the Court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Bangladesh in respect of the death of the passenger in question.

Aaflx “International Civil Aviation Orgnization (ICAO)” e¡jL S¡¢apw−Ol ¢h−no¡¢ua pwÙÛ¡ 4 H¢fÐm, 1947 p¡−m a¡l k¡œ¡ öl¦ L−lz

1955 p¡−m International Civil Aviation Orgnization (ICAO) Ju¡lp Le−iene−L pw−n¡d−el ¢e¢j−š ®qN fÐ−V¡Lm (Hague Protocal) NËqZ L−l Hhw 1929 p¡−ml Ju¡lp Le−iene Hhw 1955 p¡−ml ®qN fÐ−V¡Lm HC c¤¢V−L HLp¡−b HL¢V HLL c¢mm ¢q−p−h NZÉ L−l fs¡ Hhw hÉ¡M¡ Ll¡l ¢ho−u ¢pÜ¡¿¹ fÐc¡e L−lz

1955 p¡−m ®q−N Ju¡lp Le−i ene¢V pw−n¡de Ll¡ quz Eš² pw−n¡de¢V Bj¡−cl A¢d−r −œ hmhv Hhw L¡kÑLl Ll¡l SeÉ  “The Carriage By Air (International Convention) Act, 1966” Hhw “The Carriage By Air (Supplementary Convention) Act, 1968”  fÐZ£a qu Hhw h¡wm¡−c−nl pw¢hd¡−el Ae¤−µRc 149 ®j¡a¡−hL Eš² BCe c¤¢V AcÉh¢d Bj¡−cl A¢d−r −œ AhÉqa Hhw L¡kÑLl B−Rz Eš² BCe c¤¢V ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x

The Carriage by Air (International Convention) Act, 1966 ( ACT NO. IX OF 1966 )

[ 18th June, 1966 ]

An Act to give effect in Bangladesh to the Convention concerning international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”.

WHEREAS it is expedient to give effect in Bangladesh to the Convention concerning international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”, and to enable the rules contained in that Convention to be applied, subject to exceptions, adaptations and modifications, to carriage by air in Bangladesh which is not international carriage within the meaning of the Convention, and to provide for matters connected herewith;

It is hereby enacted as follows:-

Short title, extent and commencement

1. (1) This Act may be called the Carriage by Air (International Convention) Act, 1966.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once and shall be deemed to have taken

effect on the first day of August, 1963.

Application of the Warsaw Convention, as amended, to Bangladesh

2. (1) The rules contained in the First Schedule, being the provisions of the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”, hereinafter referred to as the Convention, 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)  Notwithstanding anything contained in the Fatal Accidents Act, 1855, or any other law for the time being in force, 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.

(4)  Any sum in francs mentioned in rule 22 of the First Schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court.

(5)  Any reference in the First Schedule-

(a) 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; and

(b) to agents of the carrier shall be construed as including a reference to servants of the carrier.

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

3. (1) Every High Contracting Party to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any suit brought in a Court in 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 [High Court Division] 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.

Application of Act to carriage by air which is not international Repeal, etc.

4. 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 be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified.
5. The Carriage By Air Act, 1934, shall,-

(a)  in so far as it relates to carriage by air to which the rules contained in the First Schedule to this Act may, for the time being, apply, stand repealed; and

(b) to the extent it has not been so repealed, have effect subject to the modification that for the provisions of the Second Schedule to that Act the provisions of the Second Schedule to this Act shall be substituted.

FIRST SCHEDULE (See section 2)     RULES

CHAPTER I Scope- Definitions

1. (1)These rules apply to all international carriage of

persons, baggage 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 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, and 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 Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.

(2)  The passenger ticket shall constitute prima facieevidence 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, none the less, 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.

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 rule 3, sub-rule (1), 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 Warsaw Convention may be applicable and that the 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, none the less, 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 rule 3, sub-rule 1(c), 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 rule 22, sub-rule (2).

PART III.- Air Waybill

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 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 none the less, 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 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 prior to the loading of the goods

on 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 goods 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 Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to goods.

9. If, with the consent of the carrier, goods are 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, paragraph (c), the carrier shall not be entitled to avail himself of the provisions of rule 22, sub-rule (2).

 l0. (1) The consignor is responsible for the correctness of the particulars and statement relating to the goods 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 goods and of the conditions of carriage.

(2) The statements in the air waybill 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 waybill 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 waybill, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignor and he must repay any expenses occasioned by the exercise of this right.

(2)    If it is impossible to carry out the orders of the

consignor the carrier must so inform him forthwith.

(3)  If the carrier obeys the orders of the consignor for the

disposition of the goods without requiring the production of the part of the air 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 air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.

13. (1) Except in the circumstances set out in rule 12, the

consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill 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 waybill.

(2)   Unless it is otherwise agreed, it is the duty of the

carrier to give notice to the consignee as soon as the goods arrive.

(3)   If the carrier admits the loss of the goods, or if the

goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

14. The consignor and the consignee can respectively

enforce all the rights given them by rules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.

15. (1) Rules 12, 13 and 14 do not affect either the

relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

(2)   The provisions of rules 12, 13 and 14 can only be

varied by express provision in the air waybill.

(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 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